Robertson v. Berry
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The facts of the case are stated in the opinion of the Court. Upon the general law of trade-marks the appellant’s counsel referred to Stonebraker vs. Stonebraker, 33 Md., 263, 268; Canal Co. vs. Clark, 13 Wallace, 322. No person has a right to monopolize the name of a place or a geographical district, as an element in a trademark. Canal Co. vs. Clark, ubi supra.
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Appeal from the Circuit Court of Baltimore City. The facts of the case are stated in the opinion of the Court. Upon the general law of trade-marks the appellant’s counsel referred to Stonebraker vs. Stonebraker, 33 Md., 263, 268; Canal Co. vs. Clark, 13 Wallace, 322. No person has a right to monopolize the name of a place or a geographical district, as an element in a trademark. Canal Co. vs. Clark, ubi supra. The registration of a trade-mark is not conclusive, in favor of the right to claim it. Moorman vs. Hoge, 2 Sawyer, 78. And, indeed, the whole trade-mark legislation of Congress is…
1Opinion of the CourtMiller, J.
This appeal is from an order granting an injunction restraining the appellant from publishing and circulating a certain almanac for the year 1879, known as “T. G. Robertson’s Hagerstown Almanack,” with the same emblems, devices, marks, representations, title and back outside pages, style, shape and general appearance as have characterized the publications of the same for previous years, and from printing, publishing and circulating any other almanac in colorable imitation of the almanac of the complainants, known as “J. Gruber’s Hagerstown Town and Country Almanack,” and calculated to deceive…
2Cases cited5 opinions
- Boardman v. Meriden Britannia Co.Supreme Court of Connecticut · 1868
- Gillott v. EsterbrookNew York Supreme Court · 1867
- Burke v. CassinCalifornia Supreme Court · 1873
- McCann v. TaylorCourt of Appeals of Maryland · 1857
- Matsell v. FlanaganNew York Court of Common Pleas · 1867
3Cited by14 opinions
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Siegert v. AbbottCourt of Appeals of Maryland · 1884
- Dover Stamping Co. v. FellowsMassachusetts Supreme Judicial Court · 1895
- Rickard v. Caton College Co.Supreme Court of Minnesota · 1903
- Mundon v. Taxicab Co.Court of Appeals of Maryland · 1926
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