TRADE MARKS AND TRADE NAMES - MARK USED ON PATENTED ARTICLE - EFFECT OF EXPIRATION OF PATENT

Authors

William J. Isaacson, University of Michigan Law SchoolFollow

Abstract

P company had distributed patented razor-blades marked Enders, and, upon the expiration of its patent, registered the word as a trade mark. It also used the term Keen-Kutter, as part of its mark, but the use of this term on other goods antedated the patent by several years. P now seeks to enjoin the D company from using either term as part of its trademark. Held, (1) the word Enders having become descriptively designative of this type of razor and blade, D was entitled to use it upon expiration of P's patent; (2) as to Keen-Kutter, since it was used many years before the patent and since the patent did not contribute greatly to the value of the word as a trade mark, D will be enjoined from using it as a part of his mark. Enders Razor Co. v. Christy Co., (C. C. A. 6th, 1936) 85 F. (2d) 195.

Recommended Citation

William J. Isaacson, TRADE MARKS AND TRADE NAMES - MARK USED ON PATENTED ARTICLE - EFFECT OF EXPIRATION OF PATENT, 35 Mich. L. Rev. 852 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss5/22