Joseph McKenna

“ The only imitation by the asphalt company of the roofing of the paint company is that which exists in the use of the word 'Rubbero,' and this only by its asserted resemblance to the word 'Ruberoid.' To preclude its use because of such resemblance would be to give the word 'Ruberoid' the full effect of a trademark, while denying its validity as such. It is true that the manufacturer of particular goods is entitled to protection of the reputation they have acquired against unfair dealing, whether there be a technical trademark or not ”

“ If the roofing of the paint company was identical with rubber, it would be rubber, and not, as it is represented to be, as we have seen, 'in the nature of soft, flexible rubber.' It may rightly be called rubberoid, and so may be roofing made by others than the paint company, having the same rubber-like qualties,-flexibility and not pervious to water. ”

“ Bad orthography has not yet become so rare or so easily detected as to make a word the arbitrary sign of something else than its conventional meaning, as different, to bring the example to the present case, as the character of an article is from its origin or ownership. ”