Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-07


it is done in honest manner and without misrepre
sentaton. If his name honestly, it IS
nmateral that he another person OF the same
who is engaged in the same or similar business
But though may use his own name, he must
always refrain from doing any act adopting any
device or scheme that will tend confuse his business
product with that of another dealer of the name
The confusion resulting from similarity of labels, pack
ages, dress, advertising avodabe and should not
be permitted.
Sometimes, however, must go further than to
refrain from acts causing confusion he must take at
rnave steps to distinguish his goods from those of
earlier manufacturer of the name. The Carter
cases are an instance of this The Carter in this
particular business has acquired Secondary meaning
that is, it the output of particular Carter
Other of the have the right to go into
the same business and they have the right to the
Carter in connection with their business but be-
cause of the secondary meaning that has attached to
this Carter in that particular trade these other
men must distinguish their goods from those of the
original Carter
ALTHOUGH a man has natural right to use his own
name in his business, nevertheless his conduct may
be such that he loses that right whole part If
his property that he may protect, he may like
transfer assign it. and he may agree that
he personally will not use his own name in business.
About thrty-four years ago glue was invented by
a man whose name not Hiram Green-but this
name will do Just as well the real Green's fish
and had large sale. In 1882 Green transferred his
business to the Marvin Cement Company, corpora
ton Green connected with this corporation until
about 1885, and then he withdrew and engaged in the
manufacture and sale of liquid glue in the city in
Massachusetts, under the business of @Green Fish
Glue & Cement Company He advertised his prod
uct as "Greens Improved Fish Glue, and stated that
he was the original inventor and manufacturer of
Green's fish glue.
The Marvin Cement Company attempted to enjon
Green from using his in the glue business. This
drastic action the court refused to take But 1t IS SAID
that Green had made his name trademark and estab
lished business under that name When he sold the
business some limited extent at least he parted with
the right to his He could not thereafter
engage in the business under his name in such
to lead the public to believe that the prod
of his business the product of the original
business he established
Green allowed to describe his product as fish glue
to state that he the manufacturer thereof and to
state the place of manufacturer but he enjoined
from calling it Green's improved fish glue from
calling his company Screens Fish Glue Company
IN Chicago there two furniture houses that had
each been established in business for several years.
One of these did business under the of John Mar
tin & Co., and the other the Thompson Company.
The two houses consolidated and known as the
Martin Thompson Company
Four five years after the consolidation trouble
developed between the representatives of the ogi
nal houses There two Thompsons father and
his son. The sons CHANGED to be Martin Thomp-
son. and after considerable disagreement in the
soidated company the Tsompsons withdrew and estab
lished themselves in business Martt Thompson G.
Co. The consolidated corporation flied bill against
the company; but the matter to a
hearing, the Thompson concern having decided to
change the t.lat would be less confusing
BY the manner in which a man uses his name in con-
nection with particular business particular build
ing, he may dedicate it o:the public in such way