Beech-Nut Packing Co. v. P. Lorillard Co., 273 U.S. 629 (1927)

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Beech-Nut Packing Company v. P. Lorillard Company

No. 249

Argued March 17, 18, 1927
Decided April 11, 1927
273 U.S. 629

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. A trademark is not abandoned and destroyed as a matter of law merely through disuse for five years. P. 632.

2. The fact that the goodwill once associated with a trademark has vanished does not end at once the preferential right of the proprietor to try it again on goods of the same class.

3. Assuming that, where each of two parties has the right to the same tradename but on different types of goods, the arrangements and accompaniments adopted by the one for its display may not lawfully be imitated by the other, the right to object may be lost by lapse of time and change of circumstances. Id.

7 F.2d 967 affirmed.

Certiorari (269 U.S. 551) to a decree of the circuit court of appeals affirming the district court (299 F. 834) in dismissing the bill of the Beech-Nut Company to enjoin the other party from infringing its right in the registered trademark "Beech-Nut," and from acts of alleged unfair competition.