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Related article: . va. Clark, 13 Wall, 323.
e Battery Co. vs. Western Elec. Co. 23 Fed. Rep., 227.
Digitized by
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not patented, and to do so under its proper or generic name whether a
used in connection with the article or not. For this reason, the courts hoi
describing the article cannot be used as trade- marks on the article they des(
wise the use of trade-marks would be a hindrance to competition, while t
of trade-marks promotes Buy Naprosyn Online competition by distinguishing between one bran*
and another brand of the same article, thus stimulating manufacturers to
in processes and methods of manufacture for the purpose of excelling each
ducing the Buy Naprosyn Online same article of better quality or at a lower price."
As Stated by the Court in the Celluloid Case, " When a nam
by one who uses it as a trade-mark upon a particular article, \\
is originally a lawful trade- mark, its subsequent adoption by tl
a common appellative Buy Naprosyn Online cannot take away the right already acqi
But when an inventor says, " I have invented a new kind of
then coins a word to distinguish it, the coined word becomes
title of the thing, and, therefore, is not a lawful trade-mark, fc
evident that it can no longer serve the function ol a trade- n
tinguish one brand from another brand of the same article, but
name to distinguish one kind of a thing from another.
It is believed by many that when a person invents a name 1
it patented or copyrighted, and thereby secure an ownership i
itself. This, however, is an error. As stated in Circular Nc
by the Librarian of Congress, Copyright Office, Washington, D
Copyright Laws contain no provision under which protection
tained upon a mere Buy Naprosyn Online Buy Naprosyn Online name or title. Entry cannot therefore \
the Copyright Office for coined names ; names of articles of m
names of games or puzzles ; names of substances ; names of ]
names of medicines."
The manufacturers of antipyrin, phenacetin and many otl
synthetics, have registed these names in the Patent Office as t
with the view of maintaining their monopoly after the expira
patents on the products. If the claims of the manufacturer
sustained by the courts, then these names could have been
time as private property, and the monopoly created by patents <
continued for an indefinite time. The decision of the Buy Naprosyn Online Ui
Supreme Court in the Buy Naprosyn Online Singer Sewing Machine Case, in 1895
such monopoly. The decision reads as follows :
The results, then, of the American, the English, and the French doctrii
upheld is this, that where, during the life of a monopoly created by pa
whether it be arbitrary or be that of the inventor, has become, by his cons<
press or tacit, the identifying and generic name of the thing patented, thi
to the public with the cessation of the monopoly which the patent created
other avails himself of this public dedication to make the machine and ui
designation, he can do so in all forms, with the fullest liberty, by affixing

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