OF SUCH CASES

DECIDED IN U. S. SUPREME COURT,

OCTOBER TERM, 1901,

THE DECISIONS

OF THE

Supreme Court of the United States

AT

OCTOBER TERM, 1901.

[1]*HOLZAPFEL'S COMPOSITIONS COM- | missed a bill to restrain the use of an al

PANY (Limited), Petitioner,

v.

RAHTJEN'S AMERICAN COMPOSITION
COMPANY, Respondent.

(See 8. C. Reporter's ed. 1-13.)

Trademarks use of word "patent"-right to use name after patent expires.

1 No right to a trademark which includes the word "patent" and which describes the article as "patented" can arise when there is and has been no patent; nor is the claim a valid one for the other words used, where it is based upon their use in connection with that 2. The right to use the word "patent" as part of the name of an article for which a patent has been obtained ceases on the expiration of

word.

the patent.

leged trademark. Reversed.

See same case below, 41 C. C. A. 329, 101 Fed. 257.

Statement by Mr. Justice Peckham:

The respondent, a New York corporation, commenced this suit in equity in the circuit court for the southern district of New York,[2} against the petitioner, which is a foreign corporation organized under the laws of the Kingdom of Great Britain and having a place of business in the city of New York, to restrain it from the use of the trademark which the respondent averred it had acquired in the name "Rahtjen's Composition," and to obtain an accounting of the profits and income which the petitioner had unlawfully derived from the use of such trademark, and which it had by reason thereof diverted from the respondent. Issue was taken on the various allegations in the bill, and upon the trial the circuit court dismissed the same (97 Fed. 949), but upon appeal to the circuit court of appeals the decree of the circuit court was reversed and the case remanded to that court, with instructions to enter a decree enjoining the petitioner from selling or offering to sell Rahtjen's Composition under that name, Decided Octo- and from using the name upon its packages or in its advertisements. 41 C. C. A. 329, 101 Fed. 257.

3. The name "Rahtjen's Composition" for paint first prepared by Rahtjen, and which was for years covered by a patent, becomes common property after the expiration of the patent, where that name has always been given to the article and is the only name by which it La possible to describe it.

[No. 54.]

Argued April 25, 26, 1901. ber 21, 1901.

0%

N WRIT of Certiorari to the United
States Circuit Court of Appeals for the
Second Circuit to review a decision revers-
ing a decree of the Circuit Court for the
Southern District of New York which discree ought to be affirmed.

Judge Wallace dissented from the judg ment and opinion of the circuit court of appeals, holding that the case was properly decided in the court below, and that the de

NOTE. On the effect of deception in a trade- | transfer of; use of; infringement-see notes to mark to defeat right of action for its infringe ment-see notes to Raymond v. Royal Baking Powder Co. 29 C. C. A. 250. and Joseph v. Macowsky (Cal.) 19 L. R. A. 53.

As to trademarks; right to: what may be ;

Dr. S. A. Richmond Nervine Co. v. Richmond, 40
L. ed. U. S. 155: Coats v. Merrick Thread Co.
37 L. ed. U. S. 847; and Lawrence Mfg. Co. v.
Tennessee Mfg. Co. 34 L. ed. U. S. 997.