« iepriekšējāTurpināt »
and he learns that someone else is working on the same device, is there any way in which he may protect himself?
What are the disadvantages of this method of protection?
42. Dale had a patent on an article. He thought it worthless and said to White, “Give me $10.00 and you may have all my rights in the patent.” White did so. What was the nature of White's interest in the patent?
$ 45. Lord assigned his patent to Gray, Gray to pay 30 per cent of the net profits of the sale of the article. Gray then refused to manufacture or sell it. What redress has Lord ?
§ 47. Lewis has a patent on a new kind of carriage wheel. A city ordinance forbids the use of wheels of less than a certain width. Lewis' patented wheel is less than the required width. If prosecuted under the ordinance, is his patent a defense ?
8 50. Hatch patented a device for stretching carpets while tacking them down, which had a curved handle to fit into the leg at the calf. Is a similar device with the handle curved to fit into the leg just above the knee an infringement?
8 53. Morse improves a particular part of an already patented article and gets a patent on his improvement. May he treat others patenting other improvements upon the same part as infringers of his patent?
g 1. A newspaper reporter wrote up a story which he finally decided not to turn in to his paper and kept in his desk. It was not copyrighted. Later another reporter got his copy and published it. Has the first reporter a right of action against the second reporter
82. Would it make any difference in the above case that the first reporter had definitely given up the idea of ever publishing the story?
886, 7. Which of the following may be copyrighted: a ledger, a perpetual calendar, a pattern for a woman's dress, a phonograph record, a kodak picture, a moving picture film, a musical comedy, a printed sticker labeled “Poison" to put on a bottle ?
8$ 11, 12. Should the manuscript of the production desired to be copyrighted be sent for that purpose ?
§ 14. What is the penalty for failing to send two copies of the production to be copyrighted to the Librarian of Congress?
§ 17. What is the greatest number of years for which a copyright may be held ?
May a copyright be assigned !
Suppose it is assigned at different times to two persons, which one gets the right to it?
$ 19. Green wrote a story and copyrighted it. Fales then wrote & story and copyrighted it. Green claimed that Fales' story was a mere copy of his. Can the respective rights of the parties be settled by an examination of the records of the copyright office ?
§ 22. What is the penalty for publicly performing any copyrighted play!
TRADE MARKS. § 28. Jones was a maker of crackers and for years had printed on his boxes a circular picture of a bake oven with the words “Jones' Best Biscuits" across it, and had built up a large trade for his goods. Another baker, much less well known, took in a partner by
the name of Jones and used a similar picture with the words “Jones' Best Biscuit.' His goods were of inferior quality and the first Jones was seriously injured in his business. He had not registered his device as a trade mark. Has he any right of action against the imitators ?
§ 31. Hill and May were partners manufacturing lead pencils. Hill one day sketched out a device that he said he thought would be good for a trade mark. They separated shortly after that and May at once began stamping the device on the pencils he made and using it as his trade mark and registered it as such. Is he entitled to it as against Hill?
$36. Does a person have to be a citizen of the United States in order to register a trade mark here?
$$ 37 to 46. Which of the following devices could not be registered as trade marks: “Square crossed over compasses,
as a trade mark for carpenters' tools; “Imperial” as a trade mark for chewing gum, it already being used as a trade mark for a kind of cloth; or when the word “Royal” is already used as a trade mark for gum; “Jones, Smith & Co.," for certain goods manufactured by that firm; the same words, only printed in a circle with the pictures of Jones and Smith in the middle; “Jonbro" for a new article manufactured by John Brown; "Pittsburgh" for steel made in that city; “Cape Cod Turkey” for canned codfish; “Never-tair" for clothing.
§ 48. How long may a trade mark registration be retained ?
$ 51. Luce, having a duly registered trade mark, sold the same to Finch, though he still continued in the same business. What are the rights of Finch with reference to the use of the trade mark ?
$ 54. Hale had a duly registered trade mark on a certain kind of shoes. Todd was a small shoe manufacturer in Texas who sold no goods out of the state. He used the same device as Hale had registered. May Hale proceed against him for infringement of his trade mark?
$ 56. Suppose two different persons were allowed, through the error of the patent office, to register two very similar devices for the same kind of goods. What would be the rights of the two parties?
$ 58. In an action by Gay against Evans for the infringement of his trade mark he proved that Evans' gross sales while using the trade mark amounted to $100,000. No proof was given as to the cost of production. To what judgment for damages, if any, is Gay entitled ?
To what further relief may Gay be entitled ?
RIGHTS IN LAND OF ANOTHER.
§ 4. Abbott and Blake are adjacent land owners. Blake hires Jones to excavate a cellar in Blake's land, leaving a strip a foot wide between the excavation and Abbott's boundary. Abbott's land nevertheless, sinks in and is seriously damaged as a result of the excavation. Is Blake liable for the damage to Abbott's land ?
Suppose that between the land of Blake and that of Abbott had been a piece of land belonging to Thomas. The three pieces were lying on the slope of a hill, with Abbott's at the top, Thomas' in the middle, and Blake's at the bottom, and the soil was so sandy that when Blake excavated in his piece the soil worked down from Thomas' land and so from Abbott's, thereby damaging Abbott's. Would Blake then be liable to Abbott?
§ 14. Gordon lived in the part of the town devoted to boiler making and machine shops. Smith came there and started a tin plate factory. Has Gordon a cause of action against him?
Would the case be different if Smith had opened a glue factory !
8 17. Ballard had a large farm on the lower end of which was a ravine, through which the surface water and melting snow used to drain off in the spring over Cowen's land. Cowen built a dyke on his own land across the ravine, with the result that the water stood on Ballard's land for a long time in the spring and ruined his crops. Has he a cause of action against Cowen?
$$ 18, 19, 20. A landowner sinks a well on his own land and thereby gets water to supply his house. A neighbor, seeing that the water is very good, sinks a deeper well on his own land and puts in a powerful pump and pumps the water up, thereby causing the first man's well to become dry. He bottles the water and sells it in a neighboring city. Has the first landowner a cause of action against the second ?
Would it make any difference if the second used the water in his own house?
Would it make any difference if he pumped it up and let it go to waste ?
8 21. Adams and Brown have farms through which runs Bubbly Brook, Adams being higher up on the brook. He puts in a windmill and pumps water from the brook to use in his house and water his stock. He uses so much that there is practically no water left in the brook when it reaches Brown. May Brown maintain an action against Adams?
Would the result be the same if Adams had used the water to supply a brewery which he put up on his land ?
§ 26. What is the legal difference between the case where a landowner grants to a third person the right to excavate all the coal under the grantor's land and the case where he grants the third person the coal itself?
8 30. Galt, the owner of a farm, granted to Peters, “his heirs, and assigns,”-Peters being the owner of an adjacent farm-the right to pasture 30 head of cattle on Galt's farm. Peters sold his farm to Thomas. Who, now, has the right to pasture the cattle on Galt's farm?
§ 32. Suppose, in the above case, that Peters had paid Galt $50 for the right and that Galt had written him a letter saying that he would give him a deed conveying the right, but had subsequently refused so to do. What would have been Peter's rights?
8 35. In what ways may an easement be created ?
§ 40. Graham had acquired by deed from Morton, the right to drain from his (Graham's) house through a ditch over Morton's land. He later discharged his stable drainage also through the same drain. Has Morton a cause of action?
8 42. Suppose, in the above case, the drain had become stopped up on Morton's land. Would Graham have had a right to enter and clear it?
8 43. Would it be a violation of Graham's rights in the last case for Morton also to discharge his drainage in the ditch?
$$ 46, 47. What is the difference in the legal rights of an abutter when he owns to the middle of the street subject to right of user by the public and when the city owns the street in fee simple!
51. A railroad condemned a strip two hundred feet wide through Smith's farm for a right of way, fenced it, put a single track down the center. Smith claimed the right to cut the grass on either side of the track in the right of way. Is he entitled so to do?
$ 52. Barnes had a right of way over Clark's land to land of Barnes which lay across the road from Clark's land. Barnes used the way not only to go to the land across the road, but would also go