Baldwin Co. v. R. S. Howard Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Bill by the Baldwin Company against the R. S. Howard Company. From a decree for complainant (233 Fed. 439), defendant appeals. On appeal from a decree in an action brought by the Baldwin Company against the R. S. Howard Company for unfair competition by reason of the use by the defendant of the complainant’s trade-mark “Howard” upon pianos not made or sold by the complainant.
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Appeal from the District Court of the United States for the Southern District of New York. Bill by the Baldwin Company against the R. S. Howard Company. From a decree for complainant (233 Fed. 439), defendant appeals. On appeal from a decree in an action brought by the Baldwin Company against the R. S. Howard Company for unfair competition by reason of the use by the defendant of the complainant’s trade-mark “Howard” upon pianos not made or sold by the complainant. The opinion of the District Court is reported in 233 Fed. 439.
1Opinion of the Court
COXE, Circuit Judge.
[ 1 ] This is an action in equity upon the trademark “Howard” as applied to pianos. The custom of the trade is to stencil the name upon the front of the piano just above the keyboard and also upon the cases in which the pianos are shipped. The question here is whether the R. S. Howard Company, the defendant, has a right to use the word “Howard” as a trade-mark in connection with sales of pianos manufactured by it. That it may use its own náme, R. S-Howard Company, is not disputed, but the contention is that the complainant has a right to the use of the name “Howard” alone…
2Cited by9 opinions
- L. Schepp Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- United States Ex Rel. Baldwin Co. v. RobertsonSupreme Court of the United States · 1924
- Dwinell-Wright Co. v. National Fruit Product Co.Court of Appeals for the First Circuit · 1942
- Howard Co. v. Baldwin Co.Court of Appeals for the D.C. Circuit · 1919
- United Razor Blade Corp. v. Akron Drug & Sundries Co.Ohio Court of Appeals · 1935
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