TRADE MARKS- USE OF SAME MARK ON DISSIMILAR GOODS

Authors

Abstract

The defendant began to manufacture and sell mechanic's hand soap, adopting the word "Par" as a trade-mark. Within the same year the plaintiff corporation, ignorant of the defendant's prior use of the word "Par," adopted the same trade-mark for its granulated laundry soap. Thereafter the defendant, assuming the name "Par Soap Co.," began to market a granulated laundry soap under the same trade-mark, "Par." Each party prayed for an injunction against infringement by the other. Held, the defendant acquired a common-law trade-mark as applied to mechanics' hand soap but not the right to extend it to the whole field of soap products. His use of the word on granulated laundry soap infringed the rights of the plaintiff. Treager v. Gordon-Allen, Ltd., (C. C. A. 9th, 1934) 71 F. (2d) 766.

Recommended Citation

TRADE MARKS- USE OF SAME MARK ON DISSIMILAR GOODS, 33 Mich. L. Rev. 459 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss3/26