The law of motion pictures (1918)

Page scan 000541 from The law of motion pictures

Record Details:

Title:
The law of motion pictures
Date:
1918
Publisher:
New York : Baker, Voorhis and Company
Volume:
The law of motion pictures : including the law of the theatre
Leaf #:
000541
Language:
English
Collection:
Early Cinema and Books
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
Media History Digital Library
Coordinator:
Media History Digital Library
Description:
Date Added:
May 02, 2024
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CHAPTER XI UNFAIR COMPETITION (CONTINUED) Miscellaneous Matters Sec. 132. Right to use or assign one’s own name. 133. Limitations on use — price fixing. 134. Restraint of trade. Section 132. — The right to use or assign one's own name. It is well settled that every individual has a right to use his own name in connection with his business. He may not, however, use the name in a manner so as to lead the public to believe that his goods are those of some person bearing the same name.1 While many forms of business enterprises are con 1 Cream Co. v. Keller (1898), 85 Fed. (C. C.) 643; Chapman v. Waterman (1917), N. Y. App. Div., N. Y. Law Journal, Apr. 4; Rogers v. Rogers (1895), 70 Fed. (C. C. A.) 1017; Devlin v. Devlin (1877), 69 N. Y. 212; Frazer v. Frazer (1887), 121 111. 147; 13 N. E. 639; Landreth v. Landreth (1884), 22 Fed. (C. C.) 41. Howard v. Lovett, Michigan Circuit Ct., Wayne County, Feb. 24, 1916. Trade-Mark Reporter, Vol. 6, p. 229. Plaintiff was granted an injunction restraining the use of the word “Mercedes” as the title of a vaudeville act upon the ground that plaintiff had first used that title with respect to a vaudeville act. The injunction was granted notwithstanding that one of the defendant’s middle name was Mercedes and that the act was named after such defendant. 477