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" 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... "
Transactions - Page 35
by American Medical Association. Section on Pharmacology, American Medical Association. Section on Pharmacology and Therapeutics - 1912
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 23-24

Law reports, digests, etc - 1885 - 1902 pages
...synonymous with battery, and "Pile-Leclanche" is the designation in French of Leclanche's battery. When an article is made that was theretofore unknown,...recognized and dealt in ; and the name thus given to it becomes public property, and all who deal in the article have the right to designate it by the...
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Atlantic Reporter, Volume 34

Law reports, digests, etc - 1896 - 1172 pages
...Leclancha Battery Co. v. Western Electric Co., 23 Fed. 276, "when an article is made that was heretofore unknown, it must be christened with a name by which...public property, and all who deal in the article have the right to designate it by the name by which alone It is recognizable." This is indisputable, but...
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Proceedings: General Index to Volumes One to Fifty of the Proceedings of the ...

American Pharmaceutical Association - 1889 - 886 pages
...appellative cannot take away the right already acquired." Celluloid Co. vs. Cellointe Co., 32 Fed. Rep., 98. But " When an article is made that was theretofore...who deal in the article have a right to designate by the name by which alone it is recognizable." Leclanche Battery Co. vs. Western Elec. Co.. 23 Fed....
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The American and English Encyclopedia of Law, Volume 26

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1894 - 1058 pages
...See also Leclancha Battery Co. v. Western Electric Co., 23 Fed. Rep. 276, where Wallace, J., said: "When an article is made that was theretofore unknown,...recognized and dealt in ; and the name thus given to it becomes public property, and all who deal in the article have the right to designate it by the...
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The Northwestern Reporter, Volume 121

Law reports, digests, etc - 1909 - 1274 pages
...a trademark, would be to foster a monopoly, and defeat the most fundamental Idea of trademark law. When an article Is made that was theretofore unknown, It must be given a new name by which it can be recognized and dealt in, and the name thus given to It becomes...
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Proceedings of the American Pharmaceutical Association at the ..., Volume 58

American Pharmaceutical Association. Annual Meeting, American Pharmaceutical Association - Pharmaceutical industry - 1910 - 1476 pages
...characteristics, be employed as a trademark, and the exclusive use of it be entitled to protection." * " When an article is made that was theretofore unknown,...it becomes public property, and all who deal in the ;u licit- have a right to .designate it by the name by which alone it is recognizable." t Before there...
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American Law and Procedure, Volume 4

James Parker Hall, James De Witt Andrews - Law - 1910 - 452 pages
...72 Fed. 1010; 90 Fed. 812; 98 Fed. 872. .(15) Castle Brook Carbon Black Co., ex parte, 100 OG 683. made that was theretofore unknown, it must be christened...a name by which it can be recognized and dealt in; the name thus given to it becomes public property, and all who deal in the article have the right to...
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Higher Accountancy, Principles and Practice: Business law, by S. D. Hirschl

William Arthur Chase - Accounting - 1911 - 542 pages
..."Leclanche" was held to have become thus descriptive of a certain kind of battery, the court saying: "When an article is made that was theretofore unknown,...a name by which it can be recognized and dealt in; the name thus given to it becomes public property, and all who deal in the article have the right to...
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Journal of the American Pharmaceutical Association, Volume 15

American Pharmaceutical Association - Drugs - 1926 - 1202 pages
...trademark. The trademark law is not a law for creating trademarks. It is a law for registering trademarks. "When an article is made that was theretofore unknown, it must be christened by a name by which it may be recognized and dealt in, and the name thus given it becomes public property,...
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United States Compiled Statutes, Annotated, 1916: Embracing the ..., Volume 9

United States - Law - 1917 - 1612 pages
...either actual or constructive. William Rogers Mfg. Co. v. Rogers & S. Mfg. Co. (CC 1SR2) 11 Fed. 495. When an article is made that was theretofore unknown,...name by which it can be recognized and dealt in; and all who deal in the article have the right to designate it by the name by which alone it is recognizable....
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