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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. |