Summary

Portrait of Stanley Forman Reed Stanley Forman Reed,  Armstrong Paint Varnish Works v…

“ The remedy for unfair competition is that given by the common law. The right arises not from the trade-mark acts but from the fact that 'Nu-Enamel' has come to indicate that the goods in connection with which it is used are the goods manufactured by the respondent. When a name is endowed with this quality, it becomes a mark, entitled to protection. The essence of the wrong from the violation of this right is the sale of the goods of one manufacturer for those of another. ”
Source: Wikisource

Portrait of Stanley Forman Reed Stanley Forman Reed,  Armstrong Paint Varnish Works v…

“ The Nu-Enamel Corporation of Illinois filed its bill of complaint in a District Court of the United States in Illinois to enjoin the Armstrong Paint and Varnish Works, a corporation of the same state, from using in the sale of paints, varnishes and similar goods the words 'Nu-Beauty Enamel' or any name including the words 'Nu-Enamel' or other colorable imitation of plaintiff's registered trade-mark Nu-Enamel or otherwise infringing it; to require an accounting of profits, and to recover treble damages. ”
Source: Wikisource

Portrait of Stanley Forman Reed Stanley Forman Reed,  Armstrong Paint Varnish Works v…

“ The cause of action is the interference with the exclusive right to use the mark 'Nu-Enamel.' If it is a properly registered trade-mark, a ground to support the cause of action is violation of the Trade-Mark Act. If it is not a properly registered trade-mark, the ground is unfair competition at common law. The facts supporting a suit for infringement and one for unfair competition are substantially the same. ”
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature