Lawrence Manufacturing Co. v. Mills

Citation129 Mass. 325
CourtUnited States State Supreme Judicial Court of Massachusetts
Decision Date09 September 1880
PartiesLawrence Manufacturing Company v. Lowell Hosiery Mills & others

Argued November 19, 1879

Suffolk.

Decree for the plaintiff.

L. M Sargent, for the plaintiff.

G. F Richardson, (D. S. Richardson with him,) for the defendant.

Colt J. Morton & Soule, JJ., absent.

OPINION

Colt, J.

This is a bill in equity, to restrain the defendant from using the plaintiff's trade-mark, and for compensation for the injury occasioned by such use. It was heard by a single justice of this court, upon the pleadings and proofs. The judge was of opinion that the plaintiff was entitled to the relief prayed for, and reported the case for the consideration of the full court.

The alleged trade-mark of the plaintiff consists of the figure of an eagle, surmounting a wreath formed of the branches of the cotton plant. The wreath encloses the words "Lawrence Manufacturing Company" printed in a circle, having underneath it the word "trade-mark," and, below all, the figures "523," printed in large hollow block numerals. This device had been stamped for many years on hosiery of a certain grade, and was known and recognized as indicating that the goods so marked were of the plaintiff's manufacture. Before this, the plaintiff had used an eagle and scroll in combination with other numerals as a trade-mark, upon the same grade of hosiery; and the wreath and eagle of the present device, without the numerals 523, or any other numerals, had been previously used on other grades of its goods.

The stamp adopted by the defendant, in alleged imitation of the plaintiff's stamp, consists of an eagle surmounting a double circle or garter, on which are printed the words "extra finish iron frame," and beneath which are the figures "523," printed in large hollow block numerals, of the size and description used by the plaintiff, and occupying the same position with reference to other parts of the device. This stamp the defendant has placed upon hosiery goods made by it for the purpose of imitating the plaintiff's stamps, and in order that such goods might be supposed to be of the plaintiff's manufacture; and it was found by the judge that the plaintiff's customers had been misled and deceived thereby. The eagle and garter were used by the defendant before the alleged trade-mark of the plaintiff was adopted; and, at the argument, the plaintiff made no claim to the exclusive use of them, when not combined with the numerals "523."

The only question presented upon this report, therefore, is whether the plaintiff's stamp, including the figures, constitutes such a trade-mark as the law will protect. The statutes of this Commonwealth protect a person who uses any peculiar name, letters, marks, devices or figures, upon an article manufactured or sold by him, to designate it as an article manufactured by him. Gen. Sts. c. 56, § 1. It has been said that there can be no exclusive right to use marks, figures and letters which are intended merely to indicate the quality of the fabric manufactured, as distinguished from those marks which are intended to indicate its origin, because one has no right to appropriate a sign or symbol or mark, which, from the nature of the fact it is used to signify, others may use with equal truth, and therefore have an equal right to employ for the same purpose. Manuf. Co. v. Trainer, 101 U.S. 51. And in Canal Co. v. Clark, 13 Wall. 311, it was declared by Mr. Justice Strong that no one can claim protection for the exclusive use of a mark which would practically give him a monopoly in the sale of any goods other than those of his own manufacture. See also Gilman v. Hunnewell, 122 Mass. 139. Letters and figures, when used only for the purpose of denoting quality, are from the very nature of the use incapable of exclusive appropriation.

These considerations would be decisive, if the plaintiff here claimed the exclusive right to the numerals "523," when used only to indicate...

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18 cases
  • O. & W. Thum Co. v. Dickinson
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • August 1, 1917
    ......v. Royal, 122 F. 337, 345,. 58 C.C.A. 499 (C.C.A. 6); Singer Manufacturing Co. v. Wilson, 2 Ch.D. 434, 442; Singer Manufacturing Co. v. Loog, 18 Ch.D. 395, 412; ...264 (C.C.A. 9);. Liggett & Myer Tobacco Co. v. Hynes, 20 F. 883, 885. (D.C.); Lawrence Manuf. Co. v. Lowell Hosiery Mills, . 129 Mass. 325, 328, 37 Am.Rep. 362; L.E. Waterman Co. v. ......
  • Reading Stove Works, Orr, Painter & Co. v. S.M. Howes Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 8, 1909
    ...... the bill the defendant, as a manufacturing jobber, has. 'been selling repair parts made by using originals as. patterns, or as copies from ... the trade-mark by representing and selling its goods as those. of the plaintiff. Lawrence Mfg. Co. v. Lowell Hosiery. Mills, 129 Mass. 325, 327, 37 Am. Rep. 362; Frank v. Sleeper, 150 ......
  • Dennison Mfg. Co. v. Scharf Tag, Label & Box Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 7, 1905
    ...... Bordman v. Meriden Britannia Co., 35 Conn. 402, 95. Am.Dec. 270; Lawrence Mfg. Co. v. Lowell Hosiery. Mills, 129 Mass. 325, 37 Am.Rep. 362; Shaw Stocking. Co. v. Mack ... held error for the reasons stated in Dennison. Manufacturing Company v. Scharf Tag, Label & Box Company . 121 F. 313, 57 C.C.A. 9. . . The. ......
  • Reading Stove Works, Orr, Painter & Co. v. S.M. Howes Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 8, 1909
    ...infringed the trade-mark by representing and selling its goods as those of the plaintiff. Lawrence Mfg. Co. v. Lowell Hosiery Mills, 129 Mass. 325, 327,37 Am. Rep. 362;Frank v. Sleeper, 150 Mass. 583, 23 N. E. 213;Regis v. Jaynes, 185 Mass. 458, 70 N. E. 480;Cohen v. Nagle, 190 Mass. 4, 76 ......
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