﻿74 
  History 
  of 
  Durham. 
  

  

  were 
  added 
  b}" 
  ameiidraent, 
  registry 
  was 
  admitted. 
  Tliere 
  

   is 
  Dothiug 
  in 
  this 
  label 
  except 
  the 
  name 
  " 
  W. 
  T. 
  Blackwell" 
  

   to 
  which 
  Blackwell 
  had 
  any 
  exclusive 
  right, 
  and 
  this 
  name 
  

   cannot 
  be 
  regarded 
  as 
  any 
  part 
  of 
  the 
  trade-mark. 
  The 
  

   parties 
  have 
  evidently 
  been 
  misled 
  as 
  to 
  their 
  rights 
  by 
  mis- 
  

   reading 
  some 
  court 
  decisions. 
  Courts 
  of 
  equity 
  have 
  often 
  

   grantedinjunctionsagainstthefraudulent 
  use 
  of 
  words 
  which 
  

   the 
  same 
  courts 
  would 
  not 
  for 
  a 
  moment 
  sustain 
  as 
  trade- 
  

   marks. 
  An 
  example 
  of 
  this 
  is 
  found 
  in 
  what 
  is 
  known 
  as 
  

   " 
  the 
  Akron 
  Cement 
  Case," 
  or 
  Newman 
  v. 
  Alvord,Cox, 
  417. 
  

   Newman 
  lived 
  at 
  Akron 
  and 
  manufactured 
  from 
  the 
  quar- 
  

   ries 
  of 
  that 
  neighborhood 
  water 
  cement, 
  which 
  he 
  put 
  up 
  in 
  

   barrels 
  and 
  labeled 
  " 
  Akron 
  Water 
  Lime," 
  and 
  added 
  his 
  

   own 
  name 
  as 
  manufacturer. 
  Many 
  of 
  his 
  neighbors 
  were 
  

   engaged 
  in 
  the 
  same 
  business, 
  all 
  using 
  the 
  words 
  " 
  Akron 
  

   Water-Lime," 
  or 
  "Akron 
  Cement," 
  but 
  each 
  attaching 
  his 
  

   own 
  name. 
  This 
  lime, 
  under 
  the 
  brand 
  "Akron 
  Cement," 
  

   became 
  popular, 
  and 
  one 
  Alvbrd, 
  living 
  and 
  doing 
  busi- 
  

   ness 
  in 
  Cleveland, 
  commenced 
  branding 
  his 
  water-lime 
  

   "Akron 
  Cement," 
  adding 
  his 
  name 
  and 
  proper 
  place 
  of 
  

   manufacture. 
  Newman, 
  one 
  of 
  the 
  manufacturers 
  at 
  Akron, 
  

   applied 
  for 
  and 
  obtained 
  an 
  injunction 
  enjoining 
  Alvord 
  

   against 
  using 
  the 
  word 
  "Akron 
  " 
  as 
  any 
  portion 
  of 
  his 
  label. 
  

   The 
  court 
  granted 
  the 
  injunction 
  solely 
  on 
  the 
  ground 
  that 
  

   Alvord 
  used 
  the 
  word 
  "Akron" 
  for 
  the 
  purpose 
  of 
  making 
  

   the 
  public 
  believe 
  that 
  it 
  was 
  the 
  genuine 
  Akron 
  cement, 
  

   and 
  thereby 
  obtaining 
  by 
  fraud 
  trade 
  that 
  rightfully 
  be- 
  

   longed 
  to 
  Newman 
  and 
  others 
  in 
  Akron. 
  The 
  learned 
  

   Judge 
  was 
  careful 
  to 
  say, 
  however, 
  that 
  Newman 
  had 
  no 
  

   exclusive 
  right 
  to 
  the 
  use 
  of 
  the 
  words 
  " 
  Akron 
  Cement," 
  

   but 
  that 
  the 
  same 
  might 
  be 
  used 
  by 
  any 
  citizen 
  of 
  Akron, 
  

   thereby 
  holding 
  that 
  while 
  "Akron 
  Cement" 
  was 
  not 
  a 
  

   legal 
  trade-mark, 
  yet 
  it 
  was 
  within 
  the 
  province 
  of 
  a 
  court 
  

   of 
  equity 
  to 
  grant 
  an 
  injunction 
  against 
  its 
  fraudulent 
  use. 
  

   The 
  same 
  doctrine 
  was 
  held 
  in 
  the 
  case 
  of 
  The 
  Brooklyn 
  

   White 
  Lead 
  Company 
  v. 
  Masury. 
  In 
  this 
  case 
  Masury 
  

   adopted 
  as 
  a 
  label 
  for 
  his 
  paint 
  " 
  Brooklyn 
  White 
  Lead 
  and 
  

   Zinc 
  Company." 
  As 
  both 
  did 
  their 
  manufacturing 
  in 
  Brook- 
  

   lyn, 
  the 
  court 
  held 
  that 
  the 
  respondent 
  had 
  a 
  right 
  to 
  use 
  

   the 
  words 
  " 
  Brooklyn 
  White 
  Lead;" 
  but 
  as 
  the 
  word 
  "Com- 
  

   pany 
  " 
  was 
  added 
  for 
  the 
  purposes 
  of 
  fraud, 
  a 
  decree 
  was 
  

   entered 
  enjoining 
  Masury 
  from 
  using 
  the 
  word 
  "Company." 
  

   No 
  one, 
  however, 
  would 
  hold 
  from 
  this 
  that 
  the 
  word 
  " 
  Com- 
  

  

  