Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Goodyear's Rubber Manufacturing Company v…

Thus parties united to produce or sell wine, or to raise cotton or grain, might style themselves 'Wine Company,' 'Cotton Company,' or 'Grain Company,' but by such description they would in no respect impair the equal right of others engaged in similar business to use similar designations, for the obvious reason that all persons have a right to deal in such articles, and to publish the fact to the world. Names of such articles cannot be adopted as trade-marks, and be thereby appropriated to the exclusive right of any one
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Goodyear's Rubber Manufacturing Company v…

The designation 'Goodyear Rubber Company' not being subject to exclusive appropriation, any use of terms of similar import, or any abbreviation of them, must be alike free to all persons.
The case at bar cannot be sustained as one to restrain unfair trade. Relief in such cases is granted only where the defendant, by his marks, signs, labels, or in other ways, represents to the public that the goods sold by him are those manufactured or produced by the plaintiff
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Goodyear's Rubber Manufacturing Company v…

The reason of this is that, unless it does, neither can he who first adopted it be injured by any appropriation or imitaiton of it by others, nor can the public be deceived.' And again: 'No one can claim protection for the exclusive use of a trade-mark or trade-name which would practically give him a monopoly in the sale of any goods other than those produced or made by himself. If he could, the public would be injured, rather than protected, for competition would be destroyed.
Source: Wikisource

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