C.I. Davids Ink Company

Old Ink Bottle Companies & Their History

Davids' Manufacturing Company

Thaddeus Davids Company, manufacturer of inks, etc., brought this suit for the infringement of its registered trademark 'DAVIDS." It was alleged that the complainant was the owner of the trademark; that it had been used in interstate commerce by the complainant and its predecessors in business for upwards of eighty years; that on January 22, 1907, it had been registered by the com- [233 U.S. 461, 464] plainant as a trademark, applicable to inks and stamp pads, under the act of February 20, 1905 (chap. 592, 33 Stat. at L. 724, U. S. Comp. Stat. Supp. 1911, p. 1459); that the complainant was entitled to such registration under 5 of the act by reason of actual and exclusive use for more than ten years prior to the passage of the act; and that the defendants, Cortlandt I. Davids and Walter I. Davids, trading as Davids Manufacturing Company, were putting inks upon the market with infringing labels. The bill also charged unfair competition. Upon demurrer, the validity of the trademark was upheld by the circuit court of appeals (102 C. C. A. 249, 178 Fed. 801), and on final hearing, upon pleadings and proofs, complainant had a decree. 190 Fed. 285. This decree was reversed by the circuit court of appeals, which held that there was no infringement of the registered trademark, and that the suit, if regarded as one for unfair competition, was not within the jurisdiction of the court, the parties being citizens of the same state. 114 C. C. A. 355, 192 Fed. 915. Certiorari was granted.  http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=233&invol=461

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