The names of springs have been protected, even against those who are rightfully selling the genuine product under the true name ; Congress & Spring Co, v. Spring Co., 45 N. Y. 291, 6 Am. Rep. 82 ; Parkland Hills B. L. W. Co. v. Hawkins & Co., 95 Ky. 502, 26 S. W. 389, 44 Am. St. Rep. 254 ; City of Carlsbad v. Schultz, 78 Fed. 469.
Geographical names cannot, ordinarily, be monopolized as trade-marks ; Weyman v. Soderberg, 108 Fed. 63; Allen B. Wrisley Co. v. Soap Co., 122 Fed. 796, 59 C. C. A. 54; but a valid trade-mark may consist of the name of a place and a maker ; I ynn Shoe Co. v. Shoe Co., 100 Me. 461, 62 Atl. 499, 4 L. R. A. (N. S.) 960; and they may be used arbitrarily; Sanders v. Utt, 16 Mo. App. 322 ; Java, in connection with face powder, has been held entitled to protection ; Wertheimer v. Im porting Co., 185 Fed. 850 ; and a geographical name will be protected as against one using it so as to constitute a fraud ; Elgin Nat. Watch Co. v. Watch Case Co., 179 U. S. 665, 21 Sup. Ct. 270, 45 L. Ed. 365 ; the name of a French spring (Vichy) will be protected against any one whose waters were not drawn from that region ; French Republic v. Spring Co., 191 U. S. 427, 24 Sup. Ct. 145, 48 L. Ed. 247; Ahgostura, for bitters, is held a valid trade-mark ; A. Bauer & Co. v. Sie gert, 120 Fed. 81, 56 C. C. A. 487.
The name of a person or town may become so associated with a particular product that the mere attaching it to a similar product would have all the effect of a falsehood ; this will 'be enjoined except when accompanied by sufficient explanation to prevent confusion ; Herring-Hall-Marvin Safe Co. v. Safe Co., 208 U. S. 554, 28 Sup. Ct. 350, 52 L. Ed. 616.
The plaintiff had for years manufactured and sold "Yorkshire Relish," made under a secret recipe, and the term had come to mean that particular manufacture. The defendant had made a sauce resembling the "Yorkshire Relish" and sold it as "Yorkshire Sauce." It was held that the plaintiff was entitled to an injunction prohibiting defendant from using "Yorkshire Sauce" in connection with its sauce unless clearly distinguished from the respondent's sauce ; [18971 App. Cas. 710, in H. of L.
A manufacturer will be protected in the use of a geographical name as against one who does not carry on business in the dis trict; Pike Mfg. Co. v. Stone Co., 35 Fed. 896;
Metcalfe v. Brand, 86 Ky. 331, 5 S. W. 773, 9 Am. St. Rep. 282; Gebbie v. Stitt, 82 Hun, 31 N. Y. Supp. 102 ; so of "Chicago Waists" as against one who makes similar waists in a different state; Gage-Downs Co. v. Corset Co., 83 Fed. 213.
A number of competing millers in Min neapolis can maintain a joint bill on behalf of themselves and others similarly situated, to enjoin a grocer from selling flour made in Wisconsin, and 'marked with his own name and the word "Best Minnesota Patent, Min neapolis, Minn." ; Pillsbury-Washburn Flour Mills Co. v. Eagle, 86 Fed. 608, 30 C. C. A. 386, 41.L. R. A. 162.
Where a word which is descriptive, or is the place where an article is manufactured, has acquired a secondary signification in connection with its use, protection from im position and fraud will be afforded by the courts, although the word may not be suitable for registration as a trade-mark under the act of Congress ; Elgin Nat. Watch Co. v. Watch Case Co., 179 U. S. 665, 21 Sup. Ct. 270, 45 L. Ed. 365; if the name be used fraudulently to mislead buyers, the owner may assert an exclusive right to such name against every one not' doing business within the same geographical limits, and even against them, if the name be used fraudulently to mislead buyers as to the actual origin of of the article ; French Republic v. Spring Co., 191 U. S. 427, 24 Sup. Ct. 145, 48 L. Ed. 247.
Where a geographic or family name (Hun yadi) becomes the name for a natural water coming from a more or less extensive district, all are free to imitate it, if there is no at tempt to deceive the public ; Saxlehner v. Wagner, 216 U. S. 375, 30 Sup. Ct. 298, 54 L. Ed. 525.
Generic names, or names merely descrip tive of an article, are not valid trade-marks ; Browne, Trade-Marks § 34. Thus: Club house Gin ; Corwin v. Daly, 7 Bos. (N. Y.) 222 ; Desiccated Codfish ; Town v. Stetson, 3 Daly (N. Y.) 53; Liebig's Extract of Meat ; Bininger v. Wattles, 28 How. Pr. (N. Y.) 206 ; New York Cough Remedy ; Gilman v. Hunne well, 122 Mass. 139; Rock and Rye ; Van Beil v. Prescott, 82 N. Y. 630.