Chickering v. Chickering & Sons
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. In the year 1823, Jonas Chickering, at Boston, Mass., commenced the manufacture of pianos.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. In the year 1823, Jonas Chickering, at Boston, Mass., commenced the manufacture of pianos. As early as 1844 he adopted the word “Chickering” as the distinguishing name of 'pianos of his manufacture, and from that time to the present pianos manufactured by him and by those associated in business with him and by his successors in business have been continuously marked on the fall board of the piano with the name “Chickering” in the old English style of lettering, surrounded by scroll work, with the words…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). Undoubtedly, one cannot have a technical trade-mark in his own name, or acquire exclusive property right in it as against others of the same name. Undoubtedly, every man has the right to use his own name honestly and fairly in his own business, and, so using it, is not respon*73sible for resulting confusion with the goods of another of the same name, nor liable for any damage resulting from such confusion. On the other hand, every man must so use his name as not unnecessarily to injure another, nor produce greater confusion than would naturally result from…
2Cases cited9 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- John R. Thompson Co., Doing Business as and Through Its Wholly Owned Subsidiaries Holloway House, Inc. v. Mrs. Lee Holloway, Sr.Court of Appeals for the Fifth Circuit · 1966
- Chickering v. Chickering & SonsCourt of Appeals for the Seventh Circuit · 1914
- Kerr v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1903
- M. M. Newcomer Co. v. Newcomer's New StoreTennessee Supreme Court · 1919
- Vogel v. WarsingCourt of Appeals for the Ninth Circuit · 1906
5 more not listed; retrieve them via the Exa API.