American Waltham Watch Co. v. United States Watch Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed October 15, 1890, and amended September 22, 1898, to restrain the use of the word “ Waltham” on watches made by the defendant, to the detriment of the plaintiff’s business as a manufacturer of watches in Waltham. Hearing before Knowlton, J., who, with the consent of the parties, reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a bill brought to enjoin the defendant from advertising its watches as the “ Waltham Watch ” or “ Waltham Watches,” and from marking its watches in such a way that the word “ Waltham” is conspicuous. The plaintiff was the first manufacturer of watches in Waltham, and had acquired a great reputation before the defendant began to do business. It was found at the hearing that the word “ Waltham,” which originally was used by the plaintiff in a merely geographical sense, now, by long use in connection with the plaintiff’s *86watches, has come to have a secondary meaning as a designation of…
2Cases cited3 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- Boston Ferrule Co. v. HillsMassachusetts Supreme Judicial Court · 1893
3Cited by92 opinions
- Sk&f, Co. v. Premo Pharmaceutical Laboratories, Inc.Court of Appeals for the Third Circuit · 1980
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
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