Woodcock v. Guy

Citations

• 33 Wash. 234
• 74 P. 358
• 1903 Wash. LEXIS 513

Syllabus

<p>Trade-marks-—Registration—Infringement—Complaint. A complaint for the infringement of a trade-mark which fails to allege that it was registered in accordance with Bal. Code, § 3621, must state a case for equitable relief at common law.</p> <p>Same—Fraud Necessary at Common Law. At common law a demurrer to a complaint to enjoin the infringement of plaintiff’s trade-mark “Gargline” for a throat medicine, by defendant’s use of “Gargeline” for the same purposes, is properly sustained where there is no allegation of fraudulent conduct, or that the same was printed in a particular manner calculated to mislead the public, or that the public was deceived, or that the plaintiff sustained any damage.</p> <p>Same-—Notice to Discontinue Use—Injunction. Nor would such a complaint be sufficient to authorize an injunction without alleging the facts respecting service upon the defendant of notice to discontinue such infringement, and an allegation that such a letter was written to defendant without proof that it was received is insufficient.</p>