502 767, 769 42894a et seq.. 368 42894k 1924, June 7, ch. 327, 43 Stat. 634. 702 1925, Feb. 13, ch. 229, 43 Stat. 936. 1926, May 27, ch. 406, § 11, 44 Stat. 665.. 955 42892 et seq.. .. § 4290 et seq. .105, 422 532 .532, 1006 711 : 492 884 $$ 4921-4926 374 5291 937 § 9628 INDEX-DIGEST 119 .57, 345, 604, 670, 109 Statutes Construed HAWAII. REVISE LAWS 1925. 119 233 § 3043 273 233, 301, 779 507 Ch. 111a, § 42. ..... 836 988 KENTUCKY. 604 .434, 816 STATUTES 1922. 604 88 4382, 4421a-7, 4421a-17.... 137 279 59, 434, 712 .595, 597 LOUISIANA. .115, 202, 754, 802 REVISED CIVIL CODE. .129, 652, 844 816 Arts. 1970, 1971 269 Art. 2166 345 ..845 Art. 2479 269 MASSACHUSETTS. GENERAL LAWS. .71, 451, 776 202 Ch. 106, § 17. 1005 Ch. 156 802 886 788 Ch. 223, § 38 498 POLITICAL CODE. §§ 294, 295, 297...... REVISED STATUTES & CODES 1913. 290 See Customs Duties; Internal Revenue. 1. NATURE AND EXTENT OF POWER IN GENERAL. (U.S.C.C.A.Mo.) Statute authorizing states to tax national bank shares held constitutional (Rev. St. § 5219, as amended by Act March 4, 1923 [Comp. St. § 9784]).-Buder v. 90 First Nat. Bank, 16 F. (2d) 990. 368 II. CONSTITUTIONAL REQUIREMENTS m40(1) (U.S.C.C.A.Alaska) Tax statutes are presumed intended to operate uniformly and equally.-Alaska Consol. Canneries v. Territory of Alaska, 16 F. (2d) 256. 40(1) (U.S.C.C.A.Porto Rico) Porto Rican excise taxes on articles bought, sold, and consumed, held not lacking in uniformity.-Porto Rico Tax Appeals, 16 F. (2d)_545; Insular Motor Corporation v. Gallardo, Id. III. LIABILITY OF PERSONS AND PROP ERTY. (A) Private Persons and Property in General. 58 (U.S.C.C.A.Alaska) Tax statutes are presumed intended to operate prospectively.Alaska Consol. Canneries v. Territory of Alaska, 16 F. (2d) 256. (B) Corporations and Corporate Stock and Property. 113 (U.S.C.C.A.Mo.) State statute, taxing national bank shares, held only legally effective statute taxing such banks prior to amendment of federal statute (U. S. Rev. St. § 5219, as amended by Act Cong. March 4, 1923 464 [Comp. St. § 97841; Rev. St. Mo. 1919, § 12775).-Buder v. First Nat. Bank, 16 F.(24) 990. State statute taxing national bank stock remained only valid statute relating to such taxation after amendment of federal statute, notwithstanding existence of another state statute authorizing tax on income from stock (Rev. St. Mo. 1919, § 12775; U. S. Rev. St. § 5219, as amended by Act March 4, 1923 [Comp. St. § 9784]; Mo. Income Tax Act 1917).-Id. (D) Exemptions. 211 (U.S.C.C.A.Mo.) National bank is not "public utility" within act exempting from taxation income of public utilities performing functions of national government; "public use" (Rev. St. Mo. 1919, §§ 10411, 13113).-Buder v. First Nat. Bank, 16 F.(2d) 990. V. LEVY AND ASSESSMENT. (D) Mode of Assessment of Corporate Stock, Property, or Receipts. 386 (2) (U.S.C.C.A.Mo.) Proceeding by state to tax shares of national banks before taxing income from such shares held not an election to tax under first method (Rev. St. Mo. 1919, §§ 12775, 13106-13136; U. S. Rev. St. § 5219, as amended by Act Cong. March 4, 1923 INDEX-DIGEST Trade-Marks, etc. For cases in Dec.Dig. & Am.Dig. Key-No. Series & Indexes see same topic and KEY-NUMBER [Comp. St. § 9784]).-Buder v. First Nat. (G) Review, Correction, or Setting Aside 466 (U.S.C.C.A.Porto Rico) Auditor of Porto Rico cannot revise tax assessments; "auditor," "settle" (Organic Act of Porto Rico, §§ 20, 37 [Comp. St. §§ 3803gg, 380300]).-Fajardo Sugar Co. of Porto Rico v. Holcomb, 16 F. (2d) 92. VIII. COLLECTION AND ENFORCEMENT (C) Remedies for Wrongful Enforcement. 608 (9) (U.S.C.C.A.Porto Rico) Officer having no power to revise tax assessments may be enjoined from revising them, as against claim of remedy at law.-Fajardo Sugar Co. of Porto Rico v. Holcomb, 16 F.(2d) 92. re 609 (U.S.C.C.A.Mo.) Taxpayer is not quired to apply to state administrative authorities for relief against invalid taxing statute before seeking injunctive relief.-Buder v. First Nat. Bank, 16 F. (2d) 990. TERRITORIES. stop on signal of bridge tender.-Donovan v. 15 (2) (U.S.C.C.A.N.Y.) Collision of tow with pier, due to tug's failure to check headway, requires explanation by tug to rebut presumption of negligence.-The Clarence P. Howland, 16 F.(2d) 25. Evidence held not to rebut presumption of tug's negligence arising from collision of tow with pier.-Id. 16 (U.S.D.C.N.Y.) Steamer's charterer to tow injured barge held owner pro hac vice, though paying half insurance, and had no lien on steamer.-The City of New Bern, 16 F. (2d) 506. acquired no lien against steamers for damages Where charterer, because of ownership pro lien against steamer for damages to barge, ownhac vice of steamers and barge, acquired no er of barge, on resuming possession, acquired no_lien.-Id. Barge charter, requiring charterer to take out tower's liability insurance, held not to subject steamers demised to same charterer to lien for damages to barge.-Id. Barge charter requirement that charterer take out tower's liability insurance on towboats held personal agreement by charterer. -Id. 13 (U.S.C.C.A.Porto Rico) Statutes held intended to confer sovereignty and autonomy on Porto Rico (Foraker and Jones Acts (Comp. St. § 3747; § 3803 et seq.).-Porto Rico Tax Appeals, 16 F. (2d) 545; Insular Motor Corpo-19 (U.S.D.C.N.Y.) Cargo owner held entiration v. Gallardo, Id. 23 (U.S.C.C.A.Porto Rico) Auditor of Porto Rico could have investigation of competency and efficiency of tax-administering officials (Organic Act of Porto Rico, § 20 [Comp. St. 8 3803gg]).-Fajardo Sugar Co. of Porto Rico v. Holcomb, 16 F. (2d) 92. TIME. 10(10) (U.S.C.C.A.N.Y.) Where last of 31 days of "grace" for payment of insurance premium fell on Sunday, premium held payable on following day.-Penn Mut. Life Ins. Co. of Philadelphia v. Miller, 16 F. (2d) 13. 15 (U.S.C.C.A.Or.) Fire permit, “valid 'between'" two specified days, does not exclude them as matter of law.-Anderson v. Eischen, 16 F.(2d) 54. TORTS. See Collision; Fraud, 27-58; Libel and Slander, ~41-124; C56-71; Negligence, 55–136. Malicious Prosecution, 10 (U.S.D.C.Mass.) Patentee held liable for damages for false reports of issuance of temporary injunction.-I. P. Frink, Inc., v. Erickson, 16 F.(2d) 496. TOWAGE. 3 (U.S.D.C.N.Y.) Railroad administration's notice, refusing to be liable for tows, held not to inure to tug owner on termination of federal control (Transportation Act 1920, § 208[a], being Comp. St. $ 100714d).-The P. R. R. No. 32, 16 F. (2d) 507. 4 (U.S.D.C.N.Y.) Tug, towing barges, must in everything relating thereto exercise reasonable skill and care.-The Tourist, 16 F. (2d) 154. 11(2) U.S.D.C.N.Y.) Chartered barge and towing steamer held one vessel, operating under common dominion and control.-The Dutchess, 16 F. (2d) 1003. 11(7) (U.S.D.C.N.Y.) Tug and tow both held in fault for injury to tow.-The Rochester, 16 F.(2d) 126. tled to full damages from tug for injury to cargo of barge, through fault of both tug and barge. -The Rochester, 16 F. (2d) 126. with center abutment of guard gate on canal, 19 (U.S.D.C.N.Y.) Tug, whose tow collided held at fault in not having gradually slowed, and in not keeping to starboard.-The Tourist, 16 F. (2d) 154. held not liable for fault of one in not having All barges of tow carrying for same shipper steering equipment.-Id. TRADE-MARKS AND TRADE-NAMES AND UNFAIR COMPETITION. 1. MARKS AND NAMES SUBJECTS OF 3(1)(U.S.C.C.A.Iowa) That trade-mark is 3(1) (U.S.C.C.A.Mo.) Trade-name which business will be protected, though descriptive. has become identified with particular product or Richmond Remedies Co. v. Dr. Miles Medical Co., 16 F.(2d) 598. 3(4) (U.S.C.C.A.Iowa) "Wormix" held valid trade-mark for live stock remedy and entitled American Serum Co., 16 F. (2d) 88. to registration (Comp. St. § 9190).-Feil v. 3(4) (U.S.C.C.A.Mo.) "Samaritan plied to greenhouse construction, held generic 3(4) (App.D.C.) "Speed wagon" held de- 11(7) (U.S.D.C.N.Y.) Tug held in fault for 9 (App.D.C.) "America" held not capable of collision of tow with drawbridge in failing to exclusive appropriation as trade-mark at com use OFFENSES. 43 (App.D.C.) Trade-mark "Americus," for on watches, held deceptively similar to "America," used on clocks.-American Watch Import Co. v. Western Clock Co., 16 F. (2d) 347. 43 (App.D.C.) Pictures and slogans, as trade-marks for paint products, held not so similar as to preclude registration of one.Patterson-Sargent Co. v. Bradley-Wise Paint Co., 16 F. (2d) 348. Registration of trade-mark, including figures of paint can and man, does not preclude another's use of same figures, without deceptive imitation.-Id. 43 (App.D.C.) Trade-mark "Selco" held not so deceptively similar to mark "Dysco" as to preclude registration.-Davies-Young Soap Co. v. Selig Co., 16 F. (2d) 352. 43 (App.D.C.) Trade-mark "Ripleene" held deceptively similar to trade-mark "Ripplette," and registration for use on similar goods unwarranted.-Haas Bros. Fabrics Corporation v. Bliss, Fabyan & Co., 16 F. (2d) 540. Sheer silk and cotton and artificial silk held of same descriptive properties as to right to register trade-mark.-Id. 44 (App.D.C.) Question whether trademark was of such descriptive quality as to preclude registration held not open in interference proceeding.-Fries & Fries Co. v. Excel Co., 16 F. (2d) 542. 44 (App.D.C.) In opposition proceeding, opposer's prior use of trade-mark "My Own" on food products held established, and denial of registration warranted.-My Own Co. v. Janszen Grocery Co., 16 F. (2d) 544. 45 (U.S.C.C.A.Mo.) Registration under unconstitutional statute gave no rights (Act July 8, 1870 [16 Stat. 198]).-Richmond Remedies Co. v. Dr. Miles Medical Co., 16 F. (2d) 598. IV. INFRINGEMENT AND UNFAIR COMPETITION. (A) What Constitutes Infringement. 59(5) (U.S.C.C.A.Iowa) Registered trademark "Wormix," for stock remedy, held infringed by trade-mark "Worm-X" (Comp. St. § 9501).-Feil v. American Serum Co., 16 F. (2d) 88. (B) What Competition Unlawful. 68 (U.S.C.C.A.) Slight pictorial exaggeration of qualities of article is not misrepresentation or unfair competition (Federal Trade Commission Act, § 5 [Comp. St. $ 8836e]). Ostermoor & Co. v. Federal Trade Commission, 16 F.(24) 962. Pictorial representations of Ostermoor mattress, exaggerating expansion in case of completed mattress left open, held not unfair competition (Federal Trade Commission Act, § 5 [Comp. St. § 8836e]).-Id. 68 (U.S.D.C.La.) Defendant held civilly responsible for prohibited use of trade-mark by his clerical help, as well as for intentional deceit.-McIlhenny Co. v. Bulliard, 16 F. (2d) 470. 68 (U.S.D.Č.N.Y.) Inducing county superintendents of schools to circulate unauthorized lists of text-books, in which defendant's dictionary was substituted for complainant's legally adopted, held unfair competition (Ky. St. § 4421a7).-Funk & Wagnalls Co. v. American Book Co., 16 F.(2d) 137. en 70(1) (U.S.C.C.A.Mo.) Trade-name titled to protection from use by another likely to deceive public.-Richmond Remedies Co. v. Dr. Miles Medical Co., 16 F. (2d) 598. Product so dressed that reasonable examination will disclose its origin will not support claim of unfair competition.-Id. In determining unfair use of another's tradename on label or carton, whole must be inspected.-Id. Inspection of dress of defendant's product held not to show unfair use of part of complainant's trade-name.-Id. (C) Actions. 802 (U.S.C.C.A.) Federal Trade Commission's cease and desist order held erroneous, as attempting to prohibit slight pictorial exaggeration.-Ostermoor & Co. V. Federal Trade Commission, 16 F. (2d) 962. Former owner, having transferred business to corporation,, held improperly joined in proceedings charging unfair competition (Federal Trade Commission Act, § 5 [Comp. St. § 8836e]).-Id. 93(1) (U.S.C.C.A.Iowa) Fraudulent intent and misleading of public by infringer will be presumed, when on notice he refuses to cease use. Feil v. American Serum Co., 16 F. (2d) 88. 97 (U.S.D.C.La.) Parties by agreement may modify decree enjoining use of trade-mark. McIlhenny Co. v. Bulliard, 16 F.(2d) 470. Reformation of decree in unfair competition suit, to make it conform to agreement of parties affecting it, held warranted.-Id. That use of trade-name was by defendant's clerical help may be considered as mitigating circumstance in civil contempt proceeding.-Id. Defendant held guilty of civil contempt in use of trade-mark.-Id. V. TRADE-MARKS AND TRADE-NAMES "America."-(App. D. C.) American Watch "Americus."-(App. D. C.) American Watch "Dysco." (App. D. C.) Davies-Young Soap "Ripplette."—(App. D. C.) Haas Bros. Fabrics "Selco."-(App. D. C.) Davies-Young Soap Co. "Speed Wagon."-(App. D. C.) Application of TRIAL. See Costs; Criminal Law, 620-887; Jury. |