The Trade-Mark Reporter

Cover The Trade-Mark Reporter
The Trade-Mark Reporter
United States Trademark Association
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This business b the 1 It U to be remembered that the word '* plaintiff** as used herein covers not only the Baldwin Company, but all its predecessors in business and assignors of buaneas.
Digitized by Google 316 SIX TRADE-MABK REPORTER result ci the energy of the plainti£F, undoubtedly assisted from 1896-1902 by Mr. Howard, for which assistance he was fully paid at rates presumably satisfactory to himself.
The foregoing findings of fact (if correct) leave the case resting upon legal principles
...so simple as to require but Uttle discussion.
In and prior to 1896, if anybody had or could have a trade- mark in the word "Howard" or any variant thereof as applied to pianos, the New England Piano Company had it. Whatever that Company had it abandoned.
If Howard's story of the relations established by him with the Baldwin concern in 1896 were true, a good deal might be said in favor of the proposition that he had a trade-mark.
But not only is the statement untrue because inconsistent with other testimony of his own, and with the account books of the plaintiff (as above shown), but it largely consists in Howard's narration of what Mr.


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