Prest v. Stein

The trial court'was of the view that, because sec. 85 of title 15 of the United States Code Annotated provides that no portrait of a living individual can be registered as a trade-mark, the plaintiffs could not for that reason be permitted to use the portrait of a living individual as a trade name and could not enjoin the use of the President’s portrait and name by the defendant. . Upon the same consideration the trial court was of the view that the defendant had no right to use the President’s name and portrait as a trade name; that such use was wrongful, and, because wrongful, the defendant…