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· 1/5/1903

Worden v. California Fig Syrup Co.

Citations

  • 187 U.S. 516
  • 23 S. Ct. 161
  • 47 L. Ed. 282
  • 1903 U.S. LEXIS 1670

Syllabus

<p>When the owner of a trade mark applies for an-injunction to restrain the defendant from injuring his property by making false representations to the public it is essential that the plaintiff should not in his trade mark or in his advertisements and business, be himself guilty of any false or misleading representation, and if he makes any material false statement in connection with the property which he seeks to protect, he loses his right to claim the assistance of a court of equity; and where any symbol or label claimed as a trade mark is so constructed' or worded as to make or contain a distinct material assertion which is false, no property can be claimed on it, or, in other words, the right to the exclusive use of it cannot be maintained.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a mark for a product “Syrup of Figs” that did not contain figs was unenforceable because it was fraudulent
  • refusing to grant relief to owner of “ ‘Syrup of Figs’ ” trademark when trademark itself misrepresented product as containing fig juice
  • use of the mark “Syrup of Figs” not protected because figs were not a main ingredient in the laxative
  • laxative name \Syrup of Figs\ unprotectable where product contains no figs or fig juice
  • laxative named “Syrup of Figs” unprotectable where product contains no figs or fig juice
  • laxative name “Syrup of Figs” unprotectable where product contains no figs or fig juice

Source: CourtListener parenthetical corpus (CC0).

Judges: Shieas, McKenna

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.