Howe Scale Co. v. Wyckoff, Seamans & Benedict
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill exhibited, in September, 1898, by Wyckoff, Seamans & Benedict, a corporation of New York, in the Circuit Court of the United States for the District of Vermont, against the Howe Scale Company of 1886, a corporation of Vermont, alleging that complainant had been for many years engaged in the manufacture and sale of typewriting machines known in the markets and to the trade and public, and…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill exhibited, in September, 1898, by Wyckoff, Seamans & Benedict, a corporation of New York, in the Circuit Court of the United States for the District of Vermont, against the Howe Scale Company of 1886, a corporation of Vermont, alleging that complainant had been for many years engaged in the manufacture and sale of typewriting machines known in the markets and to the trade and public, and referred to, identified, offered for sale and sold as the “Remington typewriter,” and the “Remington standard typewriter,”…
1Opinion of the CourtChief Justice Fuller
Referring to' the Remington-Sholes Company, it was unanimously held by the Circuit Court of Appeals: “We do not find in this voluminous record sufficient evidence that defendant has itself done anything to promote confusion in the minds of the public, except to use the name 'Remington’ on its machines and in its literature.”
Accepting that conclusion, it follows that complainant’s case must stand or fall on the possession of the exclusive right to the use of the name “Remington.”
But it is well settled that a personal name cannot be exclusively appropriated by any one as against others having a…
2Cases cited10 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
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- Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & SonsCourt of Appeals for the Second Circuit · 1975
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