Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-01-23
LOCAL MATTERS.
THE NAME OF "coMFoRT."
The Court Of Appeals Protects the
Name Of the Paper.

A decision has just been rendered in
the United StGtes court of appeals
rbfch will he CT interest to all publish
ers and proprietOrs OF publications, and
u.,,i,b is of interest legally because 1t is
o,b,ns the first authoritative declar-
alton bv a court of last resort that the
,ttl. re- a periodical may be technical
.r,d.roark. The decision just rendered
VIM. i, the case Of w. II. Gannett, pub
,icb.r Of Comfort, Augusta, Maine.
,.,,c.... william F. Rupert, publisher of
Itorce Comfort, New York. Ihe pub
,;...o, or the Wcll-knOWn mail order
i,,r,,,t Comfort, of Augusta, Maine, n Is
+..... PREVIOUS occasions defended ms
it, :, H.. sole use of the word COM
..- &c the title q puhlIcatloh-
>-i,fc. cr these cases, however, ssoi
,...,,, IN. first court. ana III eich
,or. . ,croetu:l injunction was Obtain
al orr:entinS the offenders iioi'' LUZ
,t,.r me-. of IN. wDrd Comfort. Inc
H., .,,d most serious attempt WAS
49,, If w. f.. Euielt. VII" first issued
..l, roaf'ct entitled i;aby'S tofhloit'
..ti,n b. ,..t.r expanded into 4 nidSa-
,,i,,I. ,,,,dcr the t:.,- oc Home Comfort
NJ Ca,,nett objected to tn!S ihifiiis.
,,,.nt ,;yon his own titl5. but the Gil cui'
,, r,r III. Southern District oil We"
.y,..,, .i.,l;ued q restrain Mr.. ituiei
fu.-.,-io..thn title Home Comfort Mi'
r,,,,,,.rt tn-n caI~it Il his case 10 Tue
/. 1.n,.,d eta.c; court Of aplta!7' wy
highest and final ooult' " men ' ,,;.tos
cnl,ea in q decision WHICH eSt''
~
nv the Judgment OF a court u i''
Gov, Ms. ". II. ,iannctts uilqu"',t.
,,ron.rtv right ia the tile comfort N'
decision says: .,,ro and
.,r,,;. ic , trademark cas-" puic an =
.,,onJe II is not q Gaze oil uiiidit -,
,c,it;on. 1t is founded on a u. 49, -.
,,,non law trademark. For 10 1edif
oon,,,,ip:.nt has published d
onthlv neriodical called Comi"rt. On
,;a, this name Il large, lucrative anu
o, ing husincss has been est'iDil9ho"
A nere0n publishing newspaper vi :"
mapazjnc may give it name ny "''''
;. ,a t,our and by which its authentic
itv IS attested. This name Is e'i'i'le
~ tho same protection as II 1t We're AZ
n,.a1 to other articles of merchandise
The purchasing public KNOWS IL Wy .'i'''
name and no others. Inc ii"H1' - q
n,dpe of origin and commences. II II
&c r,uch Il part of the propfftoi
arone,tv as his counting room or print
i, I,rces A rival publisher has no
more right to appropriate the name Oh
,i ,eriodical than the individual name
- tic owner. But it is objected tna'
.romeort' is 4 standard English word
net f;tnciful or manufactured but de-
ccrintive. suggesting the purpose anG
GRAND of the paper. 1t certainly is de-
.crintive. but OF what? Surely not Oh d
foniIv newspaper. Some of the Synon-
WING Of comfort are consolation, con-
tentrcnt ease, enjoyment. happiness
Measure. satisfaction; but would an!
of these be used by rational pelne
to describe q monthly journal intend
ed to circulate in the rural districts
Would the word ease" for instance
vLer applied to a newspaper. convey
IN the reading public any accurate in
formation of its errand or purpose OF
the character of its contents? 1t Is
thought not.
comfort is, it is true. n common
English word free to all. but so are
century" cosmopolitan, forum
tive of ancient contests. physical ano
Intellectual but not of modern lit
erary review. Such words are contln-
ually being selected, arbitrarily. tf
designate publications which in tim
become known solely by the names s.
bestowed uncn them, and such use i
protected by the courts.
"The defendant is publishing {
monthly paper circulating. in part a
least. IN the same territory as the co':l'
plainant's paper and covering some
what similar field. lie calls his papcl
Home Comfort. This is enough to jus
tify the relief prayed for. 1t is of M
moment that the proof fails to show
deception. confusion or injury to any
marked extent. Such proof is unneces
sary where Infringement Of yali'
trademark is clearly esta blished. Th'
defendant isl using the complainant:
property and, as he is acting without
color of right. the. complainant is en-
titled to have that use discontinued.
the defendants contention is correc
that actual damage must be proved
before an injunction can issue. it fcl
lows that If tomorrow. new infringe
should commence the publication of ;
paper with Chinese copy of the com
plainant's trade-name on its title page
the court would be poweress to gran
~ relief until the infringement had bee
carried on long enough to cause artuo'
I trUvable damage. Equity is not s
helpless and impotent. 1t is the polio
of the law to arrest the pirate bcfor
he actually makes off With the plum
der"