Document rxDKkJBpxo9YN2kDM6N7dn85J

* ftnaconfca leab Jfrotiurts Company WmTniwuwww. 25 c=~C - .J 4,v NEW YORK, Mar** 5 , m4. Hr. J. A. Dowdy, Director of Salea, laaooada Lead Prodocta Saapaay, 111 laat Vaahington Street, Dhloago, Illinois. Dear Sir; lour favor of the 2?th alto. was dal/ reoeived, snolosing paper a la coaasotloa with the registration by lie Bltdden Caspeay of the naae 'Aaaoonda* for white lead la oil aad liquid white lead with the Seglstretlaa Bureau of the latlonal faint Oil d Varnish dean, at lew fork. Tour* wex/ truly, 0. B. HOBKSST, See re tar/. . PNYC00001735 An a c o n d a Le a d Pr o d u c t s Co mp a n y Ja mb s Al b x Dowrrr DIRECTOR OK 9AUI ma n u t a c t u r j e r s o f An a c o n d a Wh it e Le a d in WEST WASHINGTON STREET Ch ic a g o , III. February 29th 1924 WORKS Ba s t Ou c a o o .Ix d . Mr D.B.EENHESSEY,Secretary, Anaconda lead Eroducts Company, 25 Broadway, Hew York. Dear Sir: Soon after the Glidden contract was made they registered the name Anaconda for white lead in oil and liquid white lead with the Registration Bureau of the Eational Paint Oil & Varnish Assn at Hew York. They had no business to do this, because the brand did not belong to them and they knew it, and George V. Horgan, the Secretary of the H.P.O.V.Assn had no business to register the brand for them, because we had it already registered with him. I did not find this out until one of the Bulletins revealed it, and then I wrote to Glidden and insisted that they cancel their registration. They suggested instead letting it stand and assigning it absolutely to us. I was personally not in favor of consenting to this, because it conveyed an implication that they had some right to. the Anaconda brand, which right they could transfer to us, but I communicated with l!r 'Vraith on the subject and I think he consulted with Col. Shores, because we did agree to the transfer. All these papers have been here in the safe, but now that the Glidden contract is finished I am sending you the whole file, so that it can be put with the other papers and preserved. N10868.01 ENO* ALL MEN BT THESE PRESENTS, that The Gllddsn Company, ft corporation of Cleveland, Cfaio, for and in consideration of the sum of One Dollar, ($1.00) and other good and valuable considerations, -ie receipt whereof la hereby acknowledged, doea hereby sell, assign, transfer and set over unto Anaconda Lead Products Company, of Chicago, Illinois, its successors and assigns, all its right, title and interest in and to the following trademark, registered in th9 National Paint, Oil and Tarnish Association. #5631, registered in the National Paint, Oil and Tarnish Association, January 13th, 1922. Trademark "Anaconda" with lighting rays from letters, for use on White Lead, paste, dry and liquid. To hare and to hold tha same and the entire property and Interest therein as fully and entirely as the same would have been held and enjoyed by said Tha Glidden Company, had this assignment not been made. IN WITNESS WEEHEOJ, The Glidden Company has caused this instrument to be signed at Cleveland, Ohio, on this 12th day of July, by its President, Adrian D, Joyce, and its corporate seal to be affixed and attested to by its Assistant Secretary, Guy W. House. Attest: STATE OP OHIO ) CUYAHOGA COUNTY ) ab : I, H. E. Heath, a Notary Public in and for said County and State, a person duly authorized by tha laws of tha State of Ohio, to ^Take acknowledgments and perform notarial acts, HO 5EBX3Y CIEBIPY that on the 12th day of July, 1922, personally appeared before me-Adrian D. Joyce and Quy W. House, President and Assistant Secretary, respectively, of The Gliddan Company, whose names are subscribed to the foregoing instrument, and who are personally knomto me to be said officers and the same parsons who executed said instrument, and acknowledged that they duly executed tald instrument as the free and voluntary act and deed of The Glidden Company, and for the purposes therein set forth. WITNESS my hand and no,tarial seal at Cleveland, Ohio, this 12th day of July, A. D. 1922. commission expires: / PNYC00001737 N10868.02 NatUmal ^aint. (il anil Harmafj Aflaorialum TRADE MARK BUREAU No.----- 563X. THIS IS TO CERTIFY that by the records ol the Trade Mark Bureau of the National Paint, Oil and Varnish Association, Incorporated, it appears that "The Glidden Company, Cleveland, Ohio. did, on the 13th day of January ,19 23 duly file in said office an application for Registration of a certain Trade Mark for White ledd, paste dry and liquid#*-* _ ' the signed application further stating that the Trade Mark has been used in the business of said The Glidden Company, since September 1921----------------- -- - , that j -j , duly filed therewith a labe 1 bearing the said Trade Mark, a photo print of which is hereto attached. AND, that the said Trade Mark consisting of the word and design*** "Anaconda" with lighting rays from letters, has been duly Registered to said The Glidden Company in the Trade Mark Bureau of the National Paint, Oil and Varnish Association, Inc. as of the 13th day of January W 2B IN testimony whereof I have hereunto set my hand and caused the seal of the National Paint, Oil and Varnish Association, Inc., to be affixed at the City of New York this seventh day of Feujsrary in the year ofour Lord one thousand nine hundred and tw e nt y ic A __ Secretary. ANACONDA xz4> (Pax AJL (m/t v G&Z, S-'Wi Cuhd&,\itM'/u PNYC00001738 National $fatni ($U and TUarniaij AuBuriattmt. 3nr. TRADE MARK COMMITTEE D. W. tDOCRLY, Ch air man r, F. CHESSMAN J. V. REARDON TRADE MARK BUREAU 942 MADISON AVENUE. NEW YORK *c **Tj*t O. v. h o r o a n TRADE MARK COUNSEL o h ma ii csoaav New Yo r k , Jan. 26, 1922, The Gltdden company, Clavaland, Ohio, Gentlemen; Hepl7ing to your favor of Jan, 12 , 1922 , re Trade Mark we report u follows: REPORT NO. 37 - 2t The Trad. Mark conia of the word "Anaoonda" with lightning raye from letters. The date of first use is given as September 1921. itiurtedthemrki* usedoo white lead, paste, dry and liquid. The date of application is January 17, 1922. A Search has been made through our records and the marks found, more or less closer to yours, are given in the attached list. The accuracy of the report is not guaranteed but is based on information believed to be reliable. There are certain fundamentals which one should not ignore ae to trade marie rights, among them the following: 1. Generally speaking the first to uee a Trade Mark on goods in trade is entitled to ha exclusive use. One naturally deeiree such absolute right of ownership as it is a valuable amet. We therefore advise careful consideration of such matters and that one adopt and continue in usa marks that are cieariy distinctive from others. 2. If any of the marks on the bet has been in continuous use by another before you adopted your mark, and yours is so similar thereto in sound, appearance or significance as to be likely to deceive purchasers or cause confusion in the trade it may be that you are infringing on the rights of another. 3. On the other hand, if any of the marks on the list was adopted after you adopted your mark, and is so similar thereto as to bekfcaiy to deosrva'gagskanm. it may be that your rights are being infringed. 4. e descriptive* geographical, or deceptive, and marks ccnristing of proper names, and coats of arms, andfcjpSftBhStates and United States are not usually good trade marks under the United States Trade Mark Statutes. and;dpjfc fMaerahy not antitled to protection of such marks, although there are exceptions and many of such marks are autteittD certain proteotioa under the Common Inw. By adopting such marks as will pass the United States PitaSmfce mgaiatiana oneis mors oartam of having a mark of value. 5. The legal status of a mark is of as much importance aa its commercial value. It is therefore advisable to consult com petent trade mark mimed on the above points before adopting or continuing the use of a trade mark which you are not sure about. A moderate expense at the beginning will often save gnat expense in the future. The Remarks of this Bureau can only indicate in a very general way some of the qualifications of your mark. PNYC00001739 S-3*S!I?OTEra`,S - the Glldden company, A flearah of our Records shows the following; Anhydrosol; Reg.tf. 3. Pat. Off. 19C5, No. 48432 Class 16, first use stated as January 1, 1903 by Tooh Bros., New York, H. Y. for water and stain proofing liquid. Anaoonda: First use stated as July 1919 by Anaoonaa Lead Products Co,, Philadelphia, Ea. for pure white lead. Andes; First u b s stated as April 1, 1914 by Patton Paint co., Milwaukee, Wls. for zino in oil. Anglotoaa; TJBed prior to 1908 by y. c. Pleroe Co., New York, for dry concentrated eolors. Antakwa; treed prior to 1916 by The Antakwa Company, Chioago, 111. for paintsi Antlllano; First use stated as 1915 by Chas. H, Brown Paint Co., Brooklyn, H. Y. for zino. Remarks You will note that the word "Anaoonda* has been preTlouely used by the Anaoonda Lead Products Company of Philadelphia, Your use of the name "Anaoonda" would appear to be either geographical or else an Infringement of the latter. Ordinarily the names of plaoes do not form good trade marks particularly where they in. dloate the geoegraphioal origin of the goods or parts thereof. We do not know just what is the extent of the rights of the Anaoonda Produots Co., We think it is something you should look into. However, slnoe you have actually had the mark in use we are registering the same for you in oar Bureau in order to record your use thereof and claim thereto. Find enclosed herewith our oertifloata of registration. PNYC00001740