United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) (No. 27)
1918
United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) (No. 27)
Supreme Court of the United States
1918
Case name: United Drug Co. v. Theodore Rectanus Co. Opinion filed: 1918-12-09 Docket No.: 27 Citations: • 248 U.S. 90 • 39 S. Ct. 48 • 63 L. Ed. 141 • 1918 U.S. LEXIS 1694 Case holding summaries: • trademark right "has little or no analogy" to copyright or patent • "the right to a particular mark grows out of its use, not its mere adoption" • finding that the prior use of a trademark in a remote geographic area does not justify the cancellation of the registered mark of a second user who acquired trademark rights in good faith • “in good faith, and without notice of any prior use by others, selected and used the ‘Rex’ mark” • “in perfect good faith; neither side having any knowledge or notice of what was being done by the other” • establishing that "the right to a particular mark grows out of its use, not its mere adoption" • clarifying that a trademark is not a right in gross or at large, but is confined to territories of use • "The law of trademarks is but a part of the broader law of unfair competition; the right to a particular mark grows out of its use, not its mere adoption" • "There is no such thing as property in a trade-mark except as a right appurtenant to an established business or trade in connection with which the mark is employed." • "There is no such thing as property in a trade-mark except as a right appurtenant to an established business or trade in connection with which the mark is employed." • “There is no such thing as property in a trade- mark except as a right appurtenant to an established business or trade in connection with which the mark is employed.” • noting “little or no analogy” between trademark rights and those of patent or copyright • noting “little or no analogy” between trademark rights and those of patent or copyright • A trademark's "function is simply to designate the goods as the product of a particular trader and to protect his good will against the sale of another's product as his." • “[T]he general rule is that, as between co
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States, Supreme Court of the United. United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) (No. 27). Lex, lex-books.com/book/united-drug-co-v-theodore-rectanus-co-248-u-s-90-1918-no-27-77d16b2c-4996-43b7-a76d-1dff32c1eee9.States, S. C. O. T. U. (1918). United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) (No. 27). Lex. https://lex-books.com/book/united-drug-co-v-theodore-rectanus-co-248-u-s-90-1918-no-27-77d16b2c-4996-43b7-a76d-1dff32c1eee9States, Supreme Court of the United. United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) (No. 27). Lex. https://lex-books.com/book/united-drug-co-v-theodore-rectanus-co-248-u-s-90-1918-no-27-77d16b2c-4996-43b7-a76d-1dff32c1eee9.
