Herring-Hall-Marvin Safe Co. v. Hall's Safe Co., 208 U.S. 554 (1908)
U.S. Supreme CourtHerring-Hall-Marvin Safe Co. v. Hall's Safe Co., 208 U.S. 554 (1908)
Herring-Hall-Marvin Safe Co. v. Hall's Safe Company
Argued January 30, 1908
Decided February 24, 1908
208 U.S. 554
Donnell v. Herring-Hall-Marvin Safe Co., ante, p. 208 U. S. 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.