ADAMS ET AL.
v.
FEDERAL TRADE COMMISSION

U.S. | 1962-04-30
No. 741
369 U.S. 864 Supreme Court of the United States (1962) Positive Treatment
Cited by 31 cases

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Cited By (30 total)

  • …as possible” must be read into it. Clearly, a right to use is not a right to confuse. The rights to use and register are not identical. Alfred Dunhill of London, Inc. v. Dunhill Tailored Clothes, Inc., 293 F. 2d 685, 49 CCPA 730 (1961), cert. den., 369 U.S. 864, 82 S.Ct. 1030, 8 L.Ed.2d 84 (1962). Many marks, including those described in Sec. 2(a), (b), and (c), merely descriptive terms and those on labels defective under other laws (Rule 2.69), might all be used but not registered. Although a naked right…
  • …in the nature of a property right, see Hanover Milling Co. v. Metcalf, 240 U.S. 403, 413, 36 S.Ct. 357, 60 L.Ed. 713 (1915); Alfred Dunhill of London, Inc. v. Dunhill Tailored Clothes, Inc., 293 F. 2d 685, 692, 49 C.C.P.A. 730 (1961), cert. denied, 369 U.S. 864, 82 S.Ct. 1030, 8 L.Ed.2d 84 (1962), and as such it need not “yield to the exercise of First Amendment rights under circumstances where adequate alternative avenues of communication exist.” Lloyd Corp. v. Tanner, 407 U.S. 551, 567, 92 S.Ct. 2219, 22…
  • The United States v. Hickey, 360 F.2d 127 (7th Cir. 1966)
    …or event” of which it is evidence. Cf., McDaniel v. United States, 343 F. 2d 785, 788-789 (5th Cir.), cert. denied, 382 U.S. 826, 86 S.Ct. 59, 15 L. Ed.2d 71 (1965); Neely v. United States, 300 F. 2d 67, 74, 93 A.L.R.2d 718 (9th Cir.), cert. denied, 369 U.S. 864, 82 S.Ct. 1030, 8 L.Ed.2d 84 (1962). The defendants contend that the trial court erroneously instructed the jury as to the elements necessary for a “misapplication” of funds in violation of 18 U.S.C. § 657, charged in count II of the indictment. Th…

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