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  #11  
Old 11-04-2015, 12:33 PM
Doug D. Doug D. is offline
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Default Re: Favorite stove and range link to Canada?

No fight intended, just trying to determine a clear answer to what the information is saying.
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  #12  
Old 11-04-2015, 01:58 PM
DSBradley DSBradley is offline
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Default Re: Favorite stove and range link to Canada?

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.
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  #13  
Old 11-04-2015, 02:16 PM
RobM RobM is offline
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Default Re: Favorite stove and range link to Canada?

From "The Iron Age" JANUARY— JUNE, 1911

Quote:
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

Quote:
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.)


Quote:
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.


Quote:
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.

Last edited by RobM; 11-04-2015 at 02:27 PM.
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  #14  
Old 11-05-2015, 11:48 AM
RobM RobM is offline
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Default Re: Favorite stove and range link to Canada?

So, there's something funny going on with the trademarking of these different companies. Here's an example.

Burrow, Stewart and Milne - Jewel Stoves and Ranges trademarked "JEWEL". Date of first use in CANADA 1896, trademark registered in 1897.

http://www.ic.gc.ca/app/opic-cipo/tr...tIndexOnPage=1


Detroit Stove Works - Jewel stoves and ranges trademarked "JEWEL" in 1908.

https://inventively.com/search/trademarks/71001438
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  #15  
Old 11-05-2015, 01:35 PM
DSBradley DSBradley is offline
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Default Re: Favorite stove and range link to Canada?

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.
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  #16  
Old 11-05-2015, 02:29 PM
RobM RobM is offline
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Default Re: Favorite stove and range link to Canada?

Quote:
Originally Posted by DSBradley View Post
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.
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  #17  
Old 11-05-2015, 02:41 PM
DSBradley DSBradley is offline
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Default Re: Favorite stove and range link to 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.
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  #18  
Old 11-05-2015, 03:32 PM
RobM RobM is offline
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Default Re: Favorite stove and range link to Canada?

Quote:
Originally Posted by DSBradley View Post
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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  #19  
Old 11-05-2015, 07:24 PM
DSBradley DSBradley is offline
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Default Re: Favorite stove and range link to Canada?

Good to know. Thanks. I guess that is how theories become conspiracy theories
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