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Scope of Protection

   
A. Misleading use of Trade Name
 
 

U.S. v. Kyburz
[28 Phil 475 (1914)]

Greilsammer Hermanos import from a European manufacturer watches of a' certain make and standard, engrave upon them their trade-mark, put them on the market under the trade name of Meridian watches, and have advertised them and established a market for them. They do not claim to be the manufacturers of these watches, but they are dealers in watches and every sale by them of a watch under the trade name thus adopted and advertised implies that their skill and judgment, as watchmakers and jewellers, has been exercised in ascertaining that such watch is up to the standard established for watches known as Meridian watches. Held: That defendant, who imported similar watches from the same manufacturer, and advertised and sold them under the name of, and as and for Meridian watches, is guilty of a violation of section 6 of Act No. 666 prohibiting and penalizing the unauthorized use of the trade name of another.

   
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