Macwilliam v. President Suspender Co.
Court of Appeals for the D.C. Circuit
Hearing on appeals from two decisions of the Commissioner of Patents, one sustaining an opposition to the registration of a mark as a trademark, and the other canceling the registration of a mark as a trademark.
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Hearing on appeals from two decisions of the Commissioner of Patents, one sustaining an opposition to the registration of a mark as a trademark, and the other canceling the registration of a mark as a trademark. The Court in the opinion stated the facts as follows: This is an opposition proceeding brought by appellee, President Suspender Company, to the registration by appellant, Hugh G. Macwilliam, of the trademark “President” for suspenders, on an application filed June 26, 1914. Appellee company also filed a petition for the cancelation of a registration of said mark to Macwilliam under…
1Opinion of the CourtJustice Van Orsdel
Nothing seems to be better established in the law of trademarks than that where the owner of a trademark grants the right to another, either by sale or license, to use the mark on the goods with Avhich its use is connected and abandons its use himself, he cannot afterwards either deprive his assignee of the right to its Tise or set up an adverse use. By use in connection with the business the assignee acquires the title abandoned by the assignor, and the title is of that exclusive character which is entitled to protection even against such assignor. Buffalo Rubber Mfg. Co. v. Batavia Rubber…
2Cases cited12 opinions
- Williams v. FarrandMichigan Supreme Court · 1891
- Snyder Manufacturing Co. v. SnyderOhio Supreme Court · 1896
- Myers v. Kalamazoo Buggy Co.Michigan Supreme Court · 1884
- Fish Bros. Wagon v. La Belle Wagon WorksWisconsin Supreme Court · 1892
- Allegretti v. Allegretti Chocolate Cream Co.Illinois Supreme Court · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. Dental Products Co.Court of Appeals for the Seventh Circuit · 1944
- Hylo Co., Inc. v. Jean Patou, IncCourt of Customs and Patent Appeals · 1954
- McCane v. MimsCourt of Customs and Patent Appeals · 1951