American Wltham Watch Co. v. United States Watch Co., 173 Mass. 85 (1899) p.284

FACTS

Wanted to register surname as trademark of watch.

ISSUE

Whether or not the United States Watch Company, after moving into Waltham, can they now name their watch Waltham since they are located in the geographic area?
Can the court enjoin Waltham Company from using the name on their watches?

RULE

If you do establish secondary menaing, then the second comer of the same surname or geographical area, they have a right to use the word, but they must distinguish product so that consumers know they are different than the trademark holder.

HOLDING

Yes, they are enjoined because the first company has aquired secondary meaning in the Waltham name.

RATIONAL

You can say that watch is manufactured in Waltham, but must make sure your watch is not confused with the other company by consumers.

Created on: Thursday, February 03, 2000 at 18:41:03 (PST)