272 F. 478 | D. Vt. | 1921
The F. N, Johnson Maple Syrup Company gave the Vermont Maple Syrup Company a license at will to use its trade-mark “Sugarbird” throughout New England, New York, New Jersey, and in the vicinity of Philadelphia, Pa. The Vermont Company having failed in negotiating for any other right to use the trademark, and having learned that the mark was not registered, took out registration in its own name under the laws of the United States, Vermont, New Hampshire, Maine, Massachusetts, Connecticut, Rhode Island, New York, and New Jersey, intending by such registration to deprive the Johnson Company of its mark and obtain a valid title thereto in that section of the country, but on application of the Johnson Company the United States registration wjas promptly revoked and granted to the Johnson Company.
By selling its interest in the Vermont Company, the Johnson Company did not part with any right or title to its trade-mark. No advantage was taken by either party in that transaction. There was no duty imposed upon the Johnson Company to speak of its right to the trademark at the time it made the sale. All the parties understood that the Vermont Company was a licensee at will, and, no one having been misled in that transaction, no one is estopped by it. As soon as reasonably possible after the Johnson Company sold its interest in the Vermont Company, and revoked the license, it commenced selling “Sugarbird” syrup in the licensed territory. This was what the Vermont Company was fearful of, and what the Johnson Company had a legal,right to do.
The Vermont Company having continued selling the same blend of syrup under the trade-mark “Sugarbird” after the license was revoked, it is not only liable for damages to the-Johnson Company,, but should be enjoined from further infringing the trade-mark.
Let an account be taken of the damages, and a decree entered accordingly.