United States Supreme Court Cases & Opinions

U.S. Supreme Court

Goodyear's India Rubber Glove Mfg. Co. v. Rubber Co., 128 U.S. 598 (1888)

Goodyear's India Rubber Glove Manufacturing

Company v. Goodyear Rubber Company

No. 49

Argued October 30-31, 1858

Decided December 10, 1888

128 U.S. 598

Syllabus

The name of "Goodyear Rubber Company," containing a name descriptive of well known classes of goods produced by the process known as Goodyear's invention, is not one capable of exclusive appropriation, and the addition of the word "Company" only indicates that parties have formed an association to deal in such goods, either to produce or to sell them.

Relief in equity to restrain unfair trade is grouted only where the defendant, by his harks, signs, labels or in other ways, represents to the public that the goods sold by him are those manufactured or produced by the plaintiff, thus palming off his goods for those of a different manufacture to the injury of the plaintiff.

In equity to restrain the use of a company name in business. The case is stated in the opinion.

Page 128 U. S. 599