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Page 35 - No one can claim protection for the exclusive use of a trade-mark or trade-name which would practically give him a monopoly in the sale of any goods other than those produced or made by himself. If he could, the public would be injured, rather than protected, for competition would be destroyed. Nor can a generic name, or a name merely descriptive of an article of trade, of its qualities, ingredients, or characteristics, be employed as a trade-mark, and the exclusive use of it be entitled to legal...
Page 32 - Where another avails himself of this public dedication to make the machine and use the generic designation, he can do so in all forms, with the fullest liberty, by affixing such name to the machines, by referring to it in advertisements, and by other means, subject, however, to the condition that the name must be so used as not to deprive others of their rights, or to deceive the public; and, therefore, that the name must be accompanied with such indications that the thing manufactured is the work...
Page 32 - The result, then, of the American, the English and the French doctrine universally upheld is this, that where, during the life of a monopoly created by a patent, a name, whether it be arbitrary or be that of the inventor, has become, by his consent, either express or tacit, the identifying and generic name of the thing patented, this name passes to the public with the cessation of the monopoly which the patent created.
Page 23 - That a certificate of registration shall remain in force for twenty years, except that in the case of trade-marks previously registered in a foreign country such certificates shall cease to be in force on the day on which the trade-mark ceases to be protected in such foreign country, and shall in no case remain in force more than twenty years, unless renewed.
Page 35 - When an article is made that was theretofore unknown, it must be christened with a name by which it can be recognized and dealt in, and the name thus given it becomes public property, and all who deal in the article have a right to designate it by the name by which alone it is recognizable.
Page 33 - ... to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business, or the place where the thing is produced, or the business is carried on.
Page 253 - ... minutes is divided by the figure representing the degree of dilution of the weakest strength of the phenol control that kills within the same time. The same is done for the weakest strength that kills m fifteen minutes. The mean of the two is the coefficient. The method of determining the coefficient will be seen in Table 17." GENERAL BACTERIOLOGY TABLE 17 Name, "A.
Page 34 - I cannot say,' the learned judge said, 'that Meinhard may not, if he can, make a bitter identical with the plaintiffs', and if lie does, I cannot prevent him from selling it as Angostura Bitters.' It is to be observed that the person who produces a new article and is the sole maker of it has the greatest difficulty (if it is not an impossibility) in claiming the name of that article as his own, because until somebody else produces the same article, there is nothing to distinguish it from.
Page 35 - ... designate an article would give to those employing it the exclusive right to designate such article by such name, would be giving a copyright of the most odious kind, without reference to the utility of the application or the length of the title, and one that would be perpetual. Neither the Trade-mark Law, nor the Copyright Law, nor the Patent Law affords any such right, or, under the pretense of the same, allows any one to throttle trade under the alleged sanction of law.
Page 67 - ... will be found entirely unobjectionable even by those who have gold in their mouth. Insoluble substances that have a slight taste, such as tannalbin, phenacetin, digitoxin, are best disguised by the addition of 10 per cent, of powdered cacao to the sugar. Chocolate tablets can usually be compressed without the necessity of adding cacao butter. The most tasteless form of quinin I have been able to find is aristochin, which is considerably less bitter than euquinin. The slight bitterness of aristochin...