Trusts. Deposits in Banks. Death of Beneficiaries. Effect. In re United States Trust Co. of New York, 102 N. Y. Supp. 271. ipso facto
1907
The Yale law journal
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... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. YALE LAW JOURNAL YALE LAW JOURNAL YALE LAW JOURNAL must be alleged and shown. But the common law rule has been greatly modified in many of our states, and words spoken imputing a want of chastity are actionable, per se, on the ground that such words tend to hinder her advancement in life, by degrading her in the eyes of respectable people, Cleveland v. Deitweiler, I8 Ia. 299. And some of the states have modified the common law rule by statute, making words, implying a want of chastity, actionable per se. Newman v. Stein, 75 Mich. 402; Mason v. Stratton, I N. Y. Supp. 511; Seller v. Jenkins, 97 Ind. 430. TRADE-MARKS-UNFAIR COMPETITION-INJUNCTION-BANZHAF ET AL. V. CHASE, 88 PAC. 704 (CAL.). Without regard to whether plaintiffs have, or can have, a trade-mark in the words "Old Homestead," stamped on bread manufactured by them, the stamping into bread manufactured by the defendants of the words "New Homestead," in letters and words of the same size, style, and arrangement, being for the purpose, and with the result of, appropriating plaintiff's trade, held that, the defendant will be enjoined, on the ground of fraud. The general rule of law applicable to this case is that, where a manufacturer has applied a peculiar and distinctive label to designate his goods, and has so used it that his goods are designated by it, a court of equity will restrain another party from adopting and using one so similar that its use is likely to confusion by purchasers exercising the ordinary degree of caution which purchasers are in the habit of exercising with respect to such goods. Anheuser-Busch Brewing Ass'n. v. Clark, 26 Fed. 4Io. Although plaintiff cannot acquire the exclusive right to use the word "American" as descriptive of beer, yet it is entitled to an injunction where an imitation of its signs, bearing that word conspicuously, so closely resembles theirs in size and colored lettering as to deceive the public. American Brewing Co. v. St. Louis Brewing Co., 47 Mo. App. I4. Where the plaintiff has for a number of years used the word "Portland" to distinguish his stoves from others on the market, a rival dealer will be restrained from advertising and selling a different stove as the "Famous Portland," Van Horn v. Coogan, 52 N. J. Eq. 380. In order to constitute an infringement it is not necessary that the imitation should be exact. It is sufficient that there is such a substantial similarity that the public would be deceived. Cooley on Torts, (3 Ed.) 732.
doi:10.2307/784419
fatcat:uaaytper3rchpflenckrieajhq