Stahly, Inc. v. M.H. Jacobs Co., 183 F.2d 914 (1950) p.71

SUBJECT

trademark infringement

FACTS

Marketer hired manufacturer to make the razor blades. Marketer could not pay for the blades so manufacturer had some othe party lend marketer some money. Marketer did not pay back loan so other party got razor blades. The blades were not good quality. Original marketer tried to stop thrid party from selling the blades since they were not good shape.

ISSUE

Can the third party sell the blades under the original marketers trademark even though the blades are defective?

RULE

Defective products that are sold under someone else's trademark must be marked "defective."

HOLDING

The blades can be sold with the original marketers trademark, but must be marked defective.

RATIONAL

This will protect the public and protects the trademark holder.

Created on: Thursday, January 13, 2000 at 18:39:02 (PST)