Thaddeus Davids Co. v. Davids
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Thaddeus Davids Company against Cortland I. Davids and another. Decree for defendants (165 Fed. ‘792), and complainant appeals. The bill alleges, in substance: (1) That the complainant is, and for many years has been, the owner of a trade-mark used in interstate commerce.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Thaddeus Davids Company against Cortland I. Davids and another. Decree for defendants (165 Fed. ‘792), and complainant appeals. The bill alleges, in substance: (1) That the complainant is, and for many years has been, the owner of a trade-mark used in interstate commerce. (2) That in 1906 the complainant duly applied for the registration of said trade-mark in the Patent Office under Trade-Mark Act Feb. 20, 1905. (3) That a certificate of registration was duly issued to the…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). It is manifest at the outset that the personal name “Davids’ ” is not a valid common-law trade-mark. It is also clear that its registration would have given it no validity as a registered trade-mark under Trade-Mark Act March 3, 1881, c. 138, 21 Stat. 502 (U. S. Comp. St. 1901, p. 3401). In Howe Scale Co. v. Wyckoff, Seamans & Benedict, 198 U. S. 118, 134, 25 Sup. Ct. 609, 612 (49 L. Ed. 972), the Supreme Court said:
“But it is well settled that a personal name cannot be exclusively appropriated by any one as against others having a right to use it; and, as…
2Cases cited1 opinion
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
3Cited by11 opinions
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- Hughes v. Alfred H. Smith Co.Court of Appeals for the Second Circuit · 1913
- Rossmann v. GarnierCourt of Appeals for the Eighth Circuit · 1914
- Hughes v. Alfred H. Smith Co.District Court, S.D. New York · 1913
- Coca-Cola Co. v. Nashville Syrup Co.District Court, D. Tennessee · 1912
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