Favorite stove and range link to Canada?

RobM

Member
According to research, the Favorite Stove & Range Co. in Piqua, Ohio trademark logo was used since 1861 but trademarked in 1875.

In 1890, "Chown & Cunningham, stove manufacturers in Kingston and Toronto" changed it's name to "Chown and Cunningham Co Ltd". In the same year, they put out a new catalog and in the first few pages is the Favorite Stove and Range logo. See attachment. "We have adopted the sign above as trademark". A few years later they were split and sold to Thos. Davidson and James Smart.

Anyone ever hear of a possible link between the two companies? Some hollow ware markings are very similar to favorite piqua. James Smart used the trademark after taking over the cast side of C&C then it seems they sold the rights to Findlay Bros out of Carleton Place Ontario a few years later.

Even back in the 1800's, could you get away with blatantly taking a trademark?
 

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Found the answer to this one...


From "Hardware - January 3, 1890":

Amongst the many such trade marks that we have in mind, and they are legion, there is perhaps no one more familiar and appropriate than that of "The Favorite" as applied to the stoves and ranges manufactured by The Chown & Cunningham Co., of Kingston and Toronto.

This term was adopted about five years ago (1885), and stands emblazoned on a disc with the rays of the rising sun for a back ground The name of the firm encircles the disc, and the whole forms a most striking trade mark which cannot fail to attract attention. The character of their productions is we understand fully in keeping with their name being indeed "favorites" with those who have them in operation.
 
Sorry, multiple pages open. Copied the wrong one.

Most of the large Canadian manufacturers of stoves have found it advantageous to follow the example of American firms in the adoption of a specific name by which all of
their products are known. The idea is a capital one, and when the name is engrossed within a trade mark as it often is it serves to make the identification complete. In Canada registration of such a name with the Secretary of the Iron Founders' Association is a pledge of good faith that it will not be copied. While as may be expected, in some instances, high sounding titles are given to stoves of certain manufacture, there are others which are peculiarly appropriate, for instance we have the "Early Breakfast" stoves which must be a terror to all slothful domestics and a boon to busy men. Then there is the " Charter Oak" probably indicating their sturdy character, and indeed we have amongst our earliest recollections that name as applied to cooking stoves. The most recent addition in this connection is the mysterious though popular McGinty, but in what particular respects itclaims relationship with that individual we have yet to learn.

Amongst the many such trade marks that we have in mind, and they are legion, there is perhaps no one more familiar and appropriate than that of" The Favorite as applied
to the stoves and ranges manufactured by The Chown & Cunningham Co., of Kingston and Toronto.

This term was adopted about five years ago, and stands emblazoned on a disc with the rays of the rising sun for a back ground The name of the firm encircles the disc, and the whole forms a most striking trade mark which cannot fail to attract attention. The character of their productions is we understand fully in keeping with their name being indeed "favorites" with those who have them in operation. Last year this company placed on the market their new Standard Favorite Range, whose elegant design together with the patent grate and other internal improvements found favor with the public above the anticipations of the manufacturers. The company are now introducing a new line of Coal and Wood Cook's, called The Victor Favorite, which is unique in ornamentation and novel in construction. The oval firepot and patent grate are the same as in their Standard Favorite Range. The oven measurements are unusually large for a stove of its superficial dimensions, being on the bottom 23^x18 inches and at the top rack 23^x13^. The oven is ventilated also. The graduated ring cover will be appreciated by all house wives, as wHl also its capacious ash pan. Nickel medallions and Alaska door knobs add to its appearance, and altogether it makes a very hand some contribution to the class to which it belongs, and we understand the prices are very low.


---------- Post added at 11:00 AM ---------- Previous post was at 10:50 AM ----------

They had to have owned the trademark Doug. Thos Davidson was an agent for Chown and Cunningham for years. When C&C was sold off, Thos Davidson assumed the tin side - James Smart bought the cast iron side. Smart sold stoves and such under the "Favorite" trademark for years - then it appears they sold it to Findlay who carried it on for years. If you didn't own trademark, you would never get away with it.
 
So, C&C of Canada adopts a TM logo in 1885 that was trademarked by FPW of OH in 1875? Do I have that right?
 
So, C&C of Canada adopts a TM logo in 1885 that was trademarked by FPW of OH in 1875? Do I have that right?

According to your own information:

1888 - Boal moves Favorite to Piqua, OH, and begins doing business there as Favorite Stove & Range Co. in 1889.


Did Favorite Stove and Range exist prior to 1889? They did as Favorite Stove Works.
 
But the first statement in the first post says:

"According to research, the Favorite Stove & Range Co. in Piqua, Ohio trademark logo was used since 1861 but trademarked in 1875."

Where does that info come from?
 
I got that from here:

https://sites.google.com/site/stovehistorystuff/home/stove-catalogues-etc

Chown & Cunningham Co. 1890-1 Illustrated Catalogue & Price List Containing Full Description of a Complete Line of 'Favorite' Stoves & Ranges (Kingston, ONT: Chown & Cunningham Co., 1890). http://archive.org/stream/1892illustcata00cunnuoft -- "Favorite" was the US-registered (1875, but used since 1861) trademark of the Favorite Stove & Range Co., Piqua, Ohio.


Took it as fact... Don't know any more. How can it be a trademark in 1861 when the company didn't exist for nearly 30 years after?

I'm not looking for a fight, i'm looking for links between the companies. There has to be something.

Edit: sorry, 1875
 
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No fight intended, just trying to determine a clear answer to what the information is saying.
 
FWIW, isn't TM and such also based on design? I mean I could TM an RR but if one is above and overlapping, then I'd have trouble. Maybe Ohio TM the name, but C&C TM the name within the disk of sun rays? Same name yes but different designs. Did C&C export their product to US? If they didn't, maybe that's how they managed that one.
 
From "The Iron Age" JANUARY— JUNE, 1911

Infringement of Trademark. To constitute infringement of a trademark, duplication or exact imitation is not essential, it being sufficient that tbe marks are so similar that confusion or deception is apt to result. Infringement may occur though. the infringer does not know that another has acquired the right to the exclusive use of the mark. The owner of a registered trademark need not await actual injury through infringement before suing to stop it.

United States Circuit Court. District of New Jersey, Eagle White Lead Company vs. Pflugh, 160 Federal Reporter 579


Rights Concerning Geographical and Descriptive Words Used as Trademarks and Trade Names. A geographical or descriptive word is not subject to appropriation as a trademark or a trade name, but its use may be restrained on the ground of unfair competition where confusion in the minds of customers results to the prejudice of one first adopting it.

(St. Louis Court of Appeals; A. J. Reach Company vs. Simmons Hardware Company, 135 Southwestern Reporter 503.)



Right to Assign Trademark.
A trademark can be assigned only in connection with a transfer of the business and goodwill with which it is associated.

United States Circuit Court. Southern District, New York, Spiegel vs. Zuckerman, 175 Federal Reporter 978.



This needs further research... If Favorite Piqua did have the trademark in the 1870's, maybe it got lost or something? The International Union for the Protection of Industrial Property started in 1883 and still exists today. C&C's trademark happened in 1885. Who knows.


With every nation on earth represented for the first establishment in 1883, the International Union for the Protection of Industrial Property began its fourth conference at Washington, D. C, May 15, to consider many new industrial problems, which have arisen either directly or indirectly from patent and trademark laws. The conference is expected to negotiate many treaties affecting various industrial problems. All of the proceedings are conducted in French and are secret. Delegates to the meeting have plenary powers to draft and sign treaties and agreements in the names of the countries they represent. In nearly every instance the chairman of a delegation is the highest diplomatic officer of his country now time in the since its United States.
 
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I wouldn't be surprised to learn that there are many "backdoor" partnerships between Canadian and American companies. Maybe "Silent" partnerships is a better word. A sharing of designs, logos, and profits would make sense.
 
I wouldn't be surprised to learn that there are many "backdoor" partnerships between Canadian and American companies. Maybe "Silent" partnerships is a better word. A sharing of designs, logos, and profits would make sense.

40 gigs worth of old trade and stove catalogs on my home servers, can't find any links at all. Not to say they don't exist but where are they.

With so many salesmen crossing borders, so many associations, so much competition, I find it hard to believe that Detroit stove works wouldn't have known about the Burrow, Stuart and Milne "jewel" line. C&C had trademark before the Piqua foundry was set up. Then there's Ashburns "Diamond A" registered in 1904 in Canada.
 
What I was suggesting was maybe a backdoor to the import/export duty tax or levies on products crossing borders. You know, DBAs to muddy the tax waters. The more things change, the more they stay the same.
 
What I was suggesting was maybe a backdoor to the import/export duty tax or levies on products crossing borders. You know, DBAs to muddy the tax waters. The more things change, the more they stay the same.

Doubt that. James Smart for example imported and sold American goods alongside their own goods - and Smart had a full line and then some. Eclipse is a good example, I'd have to look the rest up. Other Canadian stove catalogs show Griswold and Wagner iron for sale. Many Canadian hardware merchants sold both Canadian and American - fully blazoned in the catalog. Griswold did a fair amount of advertising in Canadian trade catalogs. They were open about it, no secrets.
 
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