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Herring-Hall-Marvin Safe Co. v. Hall’s Safe Co., 208 U.S. 554 (1980)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Herring-Hall-Marvin Safe Co. v. Hall’s Safe Co., 208 U.S. 554 (1980)
Herring-Hall-Marvin Safe Co. v. Hall’s Safe Company No. 131 Argued January 30, 1908 Decided February 24, 1908 208 U.S. 554
CERTIORARI TO THE CIRCUIT COURT OF
APPEALS FOR THE SIXTH CIRCUIT
Syllabus
Donnell v. Herring-Hall-Marvin Safe Co., ante, p. 267, followed as to construction of the contract involved in that case and this, and as to the right of stockholders to carry on business under their own name.
Although the tradename may not be mentioned in the sale of a business taken over as a going concern, a deed conveying trademark, patent-right, trade-right, goodwill, property, and assets of every name and nature is broad enough to include the tradename under which the vendor corporation and its predecessor had achieved a reputation.
The name of a person or town may become so associated with a particular product that the mere attaching of that name to a similar product, without more, would have all the effect of a falsehood, and while the use of that name cannot be absolutely prohibited, it can be restrained except when accompanied with a sufficient explanation to prevent confusion with the product of the original manufacturer or original place of production.
146 F. 37 modified and affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Herring-Hall-Marvin Safe Co. v. Hall’s Safe Co., 208 U.S. 554 (1980) in 208 U.S. 554 208 U.S. 557. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=X1PSFF1KMAN3NVL.
MLA: U.S. Supreme Court. "Syllabus." Herring-Hall-Marvin Safe Co. v. Hall’s Safe Co., 208 U.S. 554 (1980), in 208 U.S. 554, page 208 U.S. 557. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=X1PSFF1KMAN3NVL.
Harvard: U.S. Supreme Court, 'Syllabus' in Herring-Hall-Marvin Safe Co. v. Hall’s Safe Co., 208 U.S. 554 (1980). cited in 1980, 208 U.S. 554, pp.208 U.S. 557. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=X1PSFF1KMAN3NVL.
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