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Opinion
61 L. Ed. 939 · Supreme Court of the United States · Apr 16, 1917
Full text
United States Fidelity & Guaranty Company v. Travelers Insurance Machine Company
Seventh Circuit · Jan 28, 1980
Third Circuit · Dec 12, 1978
D. Delaware · Sep 23, 1977
Seventh Circuit · Mar 16, 1976
First Circuit · Jan 9, 1975
Parentheticals
“[T]his phrase, ‘secondary meaning,’ seems not happily chosen, because, in the limited field [of commerce in question], this new meaning is primary rather than secondary; that is to say, it is, in that field, the natural meaning.”
states that secondary meaning was acquired when “in [the relevant] trade and to [the relevant] branch of the purchasing public, the word or phrase had come to mean that the article was [the applicant’s] product ... ”
secondary meaning contemplates that name may have been used such that “in that trade and to that branch of the purchasing public, the word or phrase has come to mean that the article was his product ... ”
discussing the history and policy behind the secondary meaning doctrine
