Davis v. Davis
| Decision Date | 05 May 1886 |
| Citation | 27 F. 490 |
| Parties | DAVIS and others v. DAVIS and others. |
| Court | U.S. District Court — District of Massachusetts |
W. B H. Dowse and E. B. Hale, for complainants.
T. L Wakefield, for defendants.
This bill is brought to enjoin certain alleged infringements of the trade-mark of the complainants, registered June 2, 1885 and numbered 12,279. It appears that the trade-mark of the complainants, and also the alleged infringements thereof, are used in commerce with the Dominion of Canada. The trade-mark is described as follows in the statement annexed to the certificate of registry:
This trade-mark, although, in the words of the statement, it 'consists of a label,' is not attached in any way to the soap sold by complainants. In practice the label is made of the same size as the box of soap, measuring on the inside, and is placed in the box on the upper layer of bars of soap, and is by the retail tradesman taken out, and used as a show-card.
The complainants allege that the respondents infringe this trade-mark in two ways: First, they give to their customers a shallow box containing cakes of soap of the same length and breadth as those sold by them, but much thinner, and inclosed in red and yellow wrappers, and arranged alternately by colors, as in the drawing of the trade-mark. This shallow box is exposed to view by the retail tradesman, and serves the purpose of a show-card advertisement. The trade-mark of the complainants, therefore, is a representation, or, if the word may be allowed, a picture, of the top of an open box of soap. It seems entirely clear to me that such a trade-mark cannot be infringed by the use of a real box of soap, of...
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In re Morton-Norwich Products, Inc.
...long the rule that a trademark must be something other than, and separate from, the merchandise to which it is applied. Davis v. Davis, 27 F. 490, 492 (D.Mass.1886); Moorman v. Hoge, 17 F.Cas. 715, 718-19 (C.C.D.Cal.1871) (No. 9,783). Accord, Goodyear Tire & Rubber Co. v. Robertson, 18 F.2d......
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Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd.
...product configuration must, at least conceptually, be "something other than, and separate from, the merchandise." Davis v. Davis, 27 F. 490, 492 (C.C.Mass.1886). That is, the configuration for which protection is sought must not appear to the consumer as a mere component, or the essence, of......
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Pacific Coast Condensed Milk Co. v. Frye & Co.
...Co., supra; New Orleans Coffee Co. v. American Coffee Co., 124 La. 19, 49 So. 730; Fleischmann v. Starkey (C. C.) 25 F. 127; Davis v. Davis (C. C.) 27 F. 490; Newcomer & Lewis v. Scriven Co., 168 F. 621, 94 C. A. 77; Mumm v. Kirk (C. C.) 40 F. 589; Regensburg & Sons v. Juan F. Portuondo Cig......
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A. Leschen & Sons Rope Co. v. American Steel & Wire Co.
...it was the use of a color not connected with some symbol or design. This case was approved in Newcomer v. Scriven, supra. In Davis v. Davis (C. C.) 27 F. 490, an arrangement of soap in a box by which a certain pattern of colors was presented to the eye was held not to be such a trade-mark a......
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A FRAGILITY THEORY OF TRADEMARK FUNCTIONALITY.
...shaped contour, or confirmation, and design of the bottle as shown, Registration No. 0,696,147. (42) See, e.g., Davis v. Davis, 27 F. 490, 492 (C.C.D. Mass. 1886) ("[T]he trade-mark must be something other than, and separate from, the merchandise."); Fairbanks v. Jacobus, 8 F. Cas. 951, 952......
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Owning Frida Kahlo
...of trademarks, see Sidney A. Diamond, The Historical Development of Trademarks, 65 Trademark Rep. 265 (1975).118. See Davis v. Davis, 27 F. 490, 491-92 (C.C.D. Mass. 1886). But see Case C-206/01, Arsenal Football Club plc v. Reed, 2002 E.T.M.R. 82 (Colomer, R.) (holding that that the functi......