On supporting science journalism
If you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.
United States Circuit Court.Northern District of Illinois. CURRAN et al VS. BURDSALL.PATENT LUMBER DRIER. Blodgett, J. Where a patentee after selling all his rights under the patent and subsequently purchases an older patent to defeat his assignee's rights, Held that such proceeding is manifestly unjust and inequitable, even if the older patent clearly anticipates the patent for the device sold. Where a patentee has sold all his right, title, and interest in, to, and under his patents and subsequently purchases an older patent, Held, that by such subsequent purchase an assignee cannot be dispossessed of the full benefit of what has been acquired from the patentee. Where others are associated with the patentee in the purchase of a prior patent subsequent to a sale by the patentee of all his right, title, and interest in, to, and under his own patents, Held that the prior sale operates as a license as against all of the purchasers. If others join with the seller in the purchase of the prior patent, such owners must look to the original seller for their compensation. United States Circuit Court.-Southern District of New York. THE ATLANTIC MILLING COMPANY VS. ROBINSON.TRADE MARK CASE. Wallace, J.: The proofs show that in 1861 the firm of Alex. H. Smith Co., then the proprietors of the Atlantic Mills, at St. Louis, Missouri, adopted the word "Champion,'' and employed it to distinguish a particular quality of flour made and sold by them. From that time until the present it has been used as a trade mark either by that firm or the several firms and corporations that became the proprietors of the property and business of the Atlantic Mills. The flour to which it was applied was particularly adapted for the Southern export trade, and became generally known and recognized as the production of the Atlantic Mills by the word which was thus used to designate it. The complainant has not made proof of any formal transfer by Alex. H. Smith Co. to any of the succeeding proprietors of the Atlantic Mills of the right to use the trade mark, and if complainant has acquired that right it is because it passed upon the purchase of the mill property and business as an accessory thereof to each purchaser who became the proprietor of the premises, including the complainant* without any agreement respecting the trade mark. The right to the exclusive use of a word or symbol as a trade mark is inseparable from the right to make and sell the commodity which it has been appropriated to designate as the production or article of the proprietor. It may be abandoned if the business of the proprietor is abandoned. It may become identified with the place or establishment where the article is manufactured or sold to which it has been applied, so as to designate and characterize the article as the production of that place or establishment rather than of the proprietor. A trade mark of this description is of no value to the original proprietor, because he could not use it without deception, and therefore would not be protected in its exclusive enjoyment. Such a trade mark would seem to be an incident to the business of the place or establishment to which it owes its origin, and without which it can have no independent existence. It should be deemed to pass with a transfer of the business, because such an implication is consistent with the character of the transaction and the presumable intention of the parties. Decree ordered for the complainant. Non-Freezing Wet Meters. Chloride of magnesium is a by-product of salt working, found in the deposits lying above the true rock salt. Three parts of this material are dissolved in five parts of warm water, and diluted to 22-23 Baume, to make the solution for filling meters. The salt costs, in Dessau, 10 marks per 100 kilos. In 1879 a number of new and old meters at a small station were charged with this mixture; and the result has been so favorable, that its use has since been extended. The solutiou is used in the first filling of consumers' meters, precisely the same as water, and the corrections for level are made with water in the ordinary way at the following visits of the inspectors. After two or three adjustments, however, the water line is found to maintain remarkable constancy, as the solution does not evaporate. In consequence of this feature, there are fewer deposits of water in consumers' pipes. The greatest advantage on the side of the chloride of magnesium, however, is 'ts power of resisting frost. In Central Europe this is a most important consideration; and when, as in this case, a non-freezing solution is also non-corrosive and non-volatile in hot weather, the argument on bebalf of adopting it is conclusive. It might have been thought that the use of this solution instead of water would be an additional expense. But, as already stated, the contrary is the fact; for taking into account the prevention of damage to the meters from frost, the diminished charge for inspection and watering (due to the constaucy of the water line), and the saving in special cold weather inspection, there is a considerable economy from the use of chloride of magnesium, apart from the great advantage of preventing complaints from consumers during severe frosts.
