Charles Evans Hughes

“ Not only exact reproduction, but a 'colorable imitation' is within the statute; otherwise, the trademark would be of little avail, as by shrewd simulation it could be appropriated with impunity. The act provides (§ 16) : 'Any person who shall, without the consent of the owner thereof, reproduce, counterfeit, copy, or colorably imitate any such trademark . . . and shall use, or shall have used, such reproduction, counterfeit, copy, or colorable imitation in commerce among the several states . ”

“ It is apparent that, with respect to names or terms coming within this class, there may be proper uses by others than the registrant, even in connection with trade in similar goods. It would seem to be clear, for example, that the registration for which the statute provides was not designed to confer a monopoly of the use of surnames, or of geographical names, as such. It is not to be supposed that Congress intended to prevent one from using his own name in trade, or from making appropriate reference to the town or city in which his place of business is located ”

“ The applicant who, by virtue of actual and exclusive use, is entitled to register his mark under this clause, becomes on due registration the 'owner' of a 'trademark' within the meaning of the act, and he is entitled to be protected in its use as such.
The further argument is made that, assuming that the complainant has a valid registered trademark, still the protection is limited to its use when standing alone (as the complainant has used it on its labels) , and that there can be no infringement unless it is used in this precise manner. The statutory right cannot be so narrowly limited. ”