121 101384 et seq. 15, 257, 264, 449, 453, 478, 597, 616, 644, 817, 882, 949, 988 For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER § 1007114cc ACTS. 1910, p. 125 101382a 257 1924, p. 173 561 561 891 10138/2aa 955 101382bb 10138c 101382dd 10138/2jj 10138k 1013817 101381 101381/2 m 10138mm 101381/20 10138/2p 10138/t .64, 469 .80, 148, 955 449 ILLINOIS. 80 462 CONSTITUTION. 10138/v 101382x § 10138% c §§ 10418b-10418f .243, 504 INDIANA. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER Amendment to statute prohibiting discrimination in taxing national banks held to authorize state to cure illegal statute to extent it could have been valid originally.-Id. VIII. COLLECTION AND ENFORCEMENT (C) Remedies for Wrongful Enforcement. THEATERS AND SHOWS. 6 (U.S.C.C.A.Colo.) Injury by amusement device held not chargeable to owner's negligence.-Denver Park & Amusement Co. Pflug, 2 F. (2d) 961. V. Failure of owner of amusement device to provide against accident, which was contrary to long experience, not negligence.-Id. THREATS. (I) (U.S. C. C. A. Ohio) Federal statute prohibiting receipt of money as consideration for not informing against law violation held to include also contemplated violations.-Farkas v. U. S., 2 F. (2d) 644. 608 (9) (U.S.D.C.N.Y.) Statutory remedy for recovery of illegal tax paid held not adequate to exclude jurisdiction in equity of suit for injunction.-Procter & Gamble Distributing 5 (U.S.C.C.A.Ohio) Indictment for withCo. v. Sherman, 2 F. (2d) 165. 608(10) (U. S. C. C. A. Ky.) Injunction not available because tax arbitrarily high, adequate legal remedy being provided therefor.-Fordson Coal Co. v. Maggard, 2 F.(2d) 708. 609 (U.S.D.C.N.Y.) Taxpayer held not required to apply for revision of ruling of tax commission before commencing suit to enjoin collection of tax.-Procter & Gamble Distributing Co. v. Sherman, 2 F. (2d) 165. 611(5) (U.S.D.C.N.Y.) Bill held to state a cause of action for injunction to restrain collection of a state tax.-Procter & Gamble Distributing Co. v. Sherman, 2 F. (2d) 165. to 611(6) (U.S.D.C.S.D.) Evidence held show state taxation of capital of national bank at rate prohibited by federal statute.--Minnehaha Nat. Bank v. Anderson, 2 F. (2d) 897. 611(9) (U. S. C. C. A. Ky.) Preliminary injunction held required, where validity of tax assailed for want of statutory notice.-Fordson Coal Co. v. Maggard, 2 F. (2d) 708. TELEGRAPHS AND TELEPHONES. II. REGULATION AND OPERATION. 33(1) (U.S.D.C.Wash.) Injunctive order of federal court concerning rates held not put into effect.-Pacific Telephone & Telegraph Co. v. Agnew, 2 F. (2d) 155. Statute requiring "filing" of schedule of rates held not satisfied, though rates among records of department.-Id. 68(1) (U.S.D.C.Fla.) Damages for negligent failure to deliver message only such as were contemplated by parties.--Hunter v. Western Union Telegraph Co., 2 F. (2d) 266. 71 (U.S.D.C.Fla.) Verdict for damages for failure to deliver telegram reduced as excessive.-Hunter v. Western Union Telegraph Co., 2 F. (2d) 266. TENANCY IN COMMON. II. MUTUAL RIGHTS, DUTIES, AND LIA- common, 22 (U.S.C.C.A.Okl.) Tenant in without consent of cotenant, has right to develop property for oil and gas.-Prairie Oil & Gas Co. v. Allen, 2 F. (2d) 566. 37 (U.S.C.C.A.Okl.) Tenant in common entitled to market value of oil produced by lessee of cotenant, less expense.-Prairie Oil & Gas Co. v. Allen, 2 F. (2d) 566. III. RIGHTS AND LIABILITIES OF COTEN- 49 (U.S.C.C.A.Okl.) Tenant in common of oil and gas may lease his undivided interest in Oklahoma.-Prairie Oil & Gas Co. v. Allen, 2 F. (2d) 566. TERRITORIES. 18 (U.S.C.C.A.Porto Rico) Admiralty jurisdiction not extended to Porto Rican waters, to exclusion of Workmen's Compensation Act.Lastra v. New York & Porto Rico S. S. Co., 2 F. (2d) 812. Local control over local matters presumed. -Id. holding for a consideration information as to law violation held sufficient.-Farkas v. U. S., 2 F. (2d) 644. 7 (U.S.C.C.A.Ohio). Evidence held to sustain conviction for receiving money under threat of informing, or as consideration for not informing, of law violation.-Farkas v. U. S., 2 F.(2d) 644. 8 (U.S.C.C.A.Ohio) Error not to direct verdict as to transaction involving only state officers and violation of state laws.-Farkas v. U. S., 2 F. (2d) 644. II. TITLE, CONVEYANCES, AND CON- 28 (U.S.C.C.A.Pa.) Time not essential to acquisition of secondary meaning of name.Barton v. Rex-Oil Co., 2 F. (2d) 402. 33 (U.S.C.C.A.III.) Trade-mark generally not subject of conveyance apart from business or product.-Morand Bros. v. Chippewa Springs Corporation, 2 F. (2d) 237. 40 (U.S.C.C.A.III.) Exclusive agents who purchased distributor's established business in certain territory held not entitled to use of trade-mark after expiration of contract.-Morand Bros. v. Chippewa Springs Corporation, 2 F. (2d) 237. Use of emblem containing picture of Indian maiden by spring, adopted by exclusive agent in certain territory, could be used by both agent and principal after expiration of contract.-Id. 43 (App.D.C.) Manufacturer having stamped dealer's name on goods held estopped to register trade-mark under which goods were sold.-George B. Graff Co. v. H. C. Cook Co., 2 F. (2d) 938. 43 (App.D.C.) Word "Al-Kol" held not registerable as trade-mark for alcohol preparations for massage.-American Druggists' Syndicate v. U. S. Industrial Alcohol Co., 2 F. (2d) 942. 43 (App.D.C.) Words, "When Words Fail -Send," held not subject to registration as trade-mark for candy.-In re Dolly Varden Chocolate Co., 2 F. (2d) 943. 43 (App.D.C.) Colored band to be placed on inside wall at end of cylindrical pipe covering not subject to registration as trade-mark. In re Johns-Manville, 2 F. (2d) 944. 44 (App.D.C.) Sufficiency of notice of opposition held only question for consideration on appeal.-Wagner v. Vitamint Co., 2 F. (2d) 933. Notice of opposition held sufficient.-Id. Motion to dismiss notice of opposition is equivalent to demurrer.-Id. Entry of pro confesso judgment against applicant, who refused to answer after motion to dismiss notice of opposition was overruled, held proper.-Id. 139(1) (U.S.C.C.A.Mo.) Weight of evidence is for jury.-Walton Trust Co. v. Taylor, 2 F. (2d) 342. 139(1) (U.S.C.C.A.N.D.) Verdict should be directed where evidence would not sustain verdict for other party.-Kintyre Farmers' Co-op. Elevator Co. v. Midland Nat. Bank of Minneapolis, 2 F. (2d) 348. 141 (U.S.C.C.A.Kan.) Verdict should be directed at close of evidence where evidence undisputed.-New Amsterdam Casualty Co. v. Farmers' Co-op. Union of Lyons, Kan., 2 F. (2d) 214. 44 (App.D.C.) Opposer need not have similar trade-marks to justify opposition.-Ameri-141 (U.S.C.C.A.Mo.) Verdict directed, where can Druggists' Syndicate v. U. S. Industrial Alcohol Co., 2 F. (2d) 942. IV. INFRINGEMENT AND UNFAIR COMPETITION. (B) What Competition Unlawful. 67 (U.S.C.C.A.Pa.) Unfair competition in use of name.-Barton v. Rex-Oil Co., 2 F. (2d) 402. evidence is undisputed.-Walton Trust Co. v. Taylor, 2 F. (2d) 342. 143 (U.S.C.C.A.Kan.) Verdict should be directed at close of evidence when evidence though conflicting is so conclusive, court ought to set aside verdict in opposition.-New Amsterdam Casualty Co. v. Farmers' Co-op. Union of Lyons, Kan., 2 F. (2d) 214. 143 (U.S. C. C. A. Mo.) Verdict directed, where evidence is conflicting but of a conclusive character.-Walton Trust Co. v. Taylor, 70(1) (U.S.C.C.A.Minn.) Trade-marks for washing powder held not infringed.-Citrus Soap 2 F. (2d) 342. Co. of California v. Royal Lemon Products Co., 2 F. (2d) 972. 71 (U.S.C.C.A.Pa.) Defendant held chargeable with unfair competition.-Barton v. RexOil Co., 2 F. (2d) 402. (C) Actions. 579 (U.S.D.C.III.) Bill for accounting against infringer of trade-mark cannot be sustained. Tubular Heating & Ventilating Co. v. Mt. Vernon Furnace & Mfg. Co., 2 F. (2d) 982. 81 (U.S.D.C.III.) Injunction not appropriate remedy for past infringement of trademark.-Tubular Heating & Ventilating Co. v. Mt. Vernon Furnace & Mfg. Co., 2 F. (2d) 982. 93(1) (U.S.C.C.A.Pa.) Unfair competition not presumed. but must be proved.-Barton v. Rex-Oil Co., 2 F. (2d) 402. 93 (3) (U.S.D.C.III.) Evidence held to warrant conclusion that defendant had abandoned use of plaintiff's trade-mark.-Tubular Heating & Ventilating Co. v. Mt. Vernon Furnace & Mfg. Co., 2 F. (2d) 982. 98 (U.S.C.C.A.III.) Accounting period in allowing damages for use of trade-mark in certain territory should date from time when owner entered such territory.-Morand Bros. v. Chippewa Springs Corporation, 2 F. (2d) 237. 100 (U.S.C.C.A.Pa.) Terms of injunction against unfair competition.-Barton v. Rex-Oil Co., 2 F. (2d) 402. V. TRADE-MARKS AND TRADE-NAMES ADJUDICATED. "Al-Kol."-American Druggists' Syndicate v. U. S. Industrial Alcohol Co. (App. D. C.) 2 F.(2d) 942. "Chippewa."-Morand Bros. V. Chippewa Springs Corporation (C. C. A. III.) 2 F.(2d) 237. "Dyanshine."-Barton v. Rex-Oil Co. (C. C. A. Pa.) 2 F.(2d) 402. "Dye and Shine."-Barton v. Rex-Oil Co. (C. C. A. Pa.) 2 F.(2d) 402. 143 (U.S.C.C.A.Pa.) Direction of verdict not warranted where testimony, if credited, would sustain verdict for other party.-Texas Co. v. Brilliant Mfg. Co., 2 F. (2d) 1. |