Cannabis Ruderalis

How this document has been cited

—a French manufacturer of face powder had sold plaintiff its business and good will in the United States, together with its trademarks, which plaintiffs registered.
Trademark law] deals with a delicate matter that may be of great value but that easily is destroyed, and therefore should be protected with corresponding care
The Supreme Court held, however, that the trademark was owned in the United States by the distributor, and that, since the public understood the goods came through the plaintiff although not made by it, the trademark was sold with the goodwill of the business bought by the distributor, which staked its reputation upon the character of the goods it sold
- in E. Leitz, Inc. v. Watson, 1957 and 24 similar citations
It is the trade-mark of the plaintiff only in the United States and indicates in law, and, it is found, by public understanding, that the goods come from the plaintiff although not made by it.
- in Osawa & Co. v. B & H PHOTO, 1984 and 27 similar citations
That year, however, Congress was spurred to action by a Court of Appeals decision declining to enjoin the parallel importation of goods bearing a trademark that (as in case 1) a domestic company had purchased from an independent foreign manufacturer at a premium.
- in K Mart Corp. v. Cartier, Inc., 1988 and 31 similar citations
—the holder of a United States trademark has the right to exclude authentic foreign goods bearing an authentic foreign mark, even when there is no consumer confusion as to the origin of the goods.
We put to one side the case of a manufacturer or distributor who markets new or used spark plugs of one make under the trade mark of another.
- in Champion Spark Plug Co. v. Sanders, 1947 and 26 similar citations
Thus, each country is empowered to grant trademark rights and police infringement within its borders.
Second, because the manufacturer had forgone all its rights to its trademark in this country, the American owner of that mark now had complete control over and responsibility for the quality of goods sold under that mark.
- in NEC Electronics v. CAL Circuit Abco, 1987 and 15 similar citations
—where district court emphasized development of distinct United States goodwill by United States markholder in granting preliminary injunction, 274 F. 856, 857 (SDNY 1920), and where Supreme Court relied upon this fact in affirming. 260 US at 692, 43 S. Ct. at 245
- in Weil Ceramics & Glass, Inc. v. Dash, 1985 and 16 similar citations

Cited by

878 F. 2d 659 - Court of Appeals, 3rd Circuit 1989
548 F. Supp. 1063 - Dist. Court, ED New York 1982
112 F. 3d 1296 - Court of Appeals, 5th Circuit 1997
810 F. 2d 1506 - Court of Appeals, 9th Circuit 1987
618 F. Supp. 700 - Dist. Court, D. New Jersey 1985
627 F. Supp. 911 - Dist. Court, ED New York 1985
69 F. Supp. 2d 1181 - Dist. Court, ND California 1999
406 F. 3d 577 - Court of Appeals, 9th Circuit 2005

Leave a Reply