C. C. A. 475, majority holding name "elastic seam" as applied to drawers is descriptive, and cannot be monopolized as trademark after expiration of patent. Right to use of word descriptive of article became public upon expiration of patent. Approved in Jacobs v. Beecham, 221 U. S. 272, 55 L. Ed. 732, 31 Sup. Ct. 555, enjoining use of word "Beecham's" in connection with pills manufactured by another, as unfair trade, although he states that he, and not Beecham, makes them; De Long Hook & Eye Co. v. American Pin Co., 200 Fed. 68, holding name "De Long Hook" was descriptive, and upon expiration of patent other manufacturers were free to use name; Trinidad Asphalt Mfg. Co. v. Standard Paint Co., 163 Fed. 980, 90 C. C. A. 195, holding word "Ruberoid" is merely descriptive, and manufacturers of roofing adopting such word as trademark cannot enjoin use of name "RuberO" to designate similar roofing; New Iberia Extract of Tobasco Pepper Co. v. E. McIlhenny's Son, 132 La. 157, 61 South. 135, holding right to exclusive use of word "Tabasco" as trademark for pepper sauces expired with patent, and refusing to enjoin use of name, but enjoining imitation of bottles, caps, labels, and cartons used by complainant; Sanford-Day Iron Works v. Enterprise Foundry & Machine Works, 130 Tenn. 679, 172 S. W. 539, where Whitneys manufactured car-wheel as Faught wheel, not as Whitney wheel, public did not, on expiration of patent, acquire right to use of name "Whitney" in manufacture of wheel; dissenting opinion in Avenarius v. Kornely, 139 Wis. 273, 121 N. W. 344, majority holding expiration of patent did not affect trademark in word “Carbolineum," coined by inventor of compound for wood-preserving paint, and antedating patent by twelve years. Distinguished in Avenarius v. Kornely, 139 Wis. 263, 121 N. W. 341, where trademark in word "Carbolineum," coined by inventor of compound for wood-preserving paint, antedated patent by twelve years, expiration of patent did not affect trademark. Defendant manufacturing "Rahtjen's Composition" after patent expired must show defendant's manufacture. Approved in Liebig Extract of Meat Co. v. Walker, 115 Fed. 827, holding defendant manufacturing "Liebig's Extract of Meat" cannot be enjoined from using name, but must designate his manufacture thereof. Right to use of name on expiration of copyright or patent. Note, 16 L. R. A. (N. S.) 551. Right on expiration of patent to copyright to use of name of article. Note, 1 B. R. C. 651. Differences in other respects affecting right to use substantially similar word as trademark or trade name. Note, 12 L. R. A. (N. 8.) 734. 869 KNOXVILLE IRON CO. v. HARBISON. 183 U. S. 13-22 183 U. S. 13–22, 46 L. Ed. 55, 22 Sup. Ct. 1, KNOXVILLE IRON CO. T. HARBISON. Act of Tennessee requiring redemption in cash of store orders issued to employees for wages is valid. Approved in Dayton Coal & Iron Co. v. Barton, 183 U. S. 24, 46 L. Ed. 64, 22 Sup. Ct. 5, following rule; Keokee Consolidated Coke Co. v. Taylor, 234 U. S. 227, 58 L. Ed. 1290, 34 Sup. Ct. 856, upholding Virginia law of 1888, forbidding certain classes of employers to issue merchandise orders for payment of labor unless same purported to be redeemable in cash; Erie R. R. Co. v. Williams, 233 U. S. 702, 51 L. R. A. (N. S.) 1097, 58 L. Ed. 1162, 34 Sup. Ct. 761, upholding New York labor law of 1907 requiring semi-monthly payment in cash of wages of employees of specified industries, including railroads; Mutual Loan Co. v. Martell, 222 U. S. 234, Ann. Cas. 1913B, 529, 56 L. Ed. 179, 32 Sup. Ct. 74, upholding statute of Massachusetts making invalid as against employer assignment of wages to be earned in future to secure loan of less than three hundred dollars, unless accepted in writing by employer, consented to by wife, and filed with city clerk; Chicago etc. R. R. Co. v. McGuire, 219 U. S. 568, 55 L. Ed. 339, 31 Sup. Ct. 259, upholding statute of Iowa prohibiting contracts limiting liability for injuries made in advance of injury received, and providing that subsequent acceptance of benefits under such contracts would be no defense to cause of action for injuries; McLean v. Arkansas, 211 U. S. 546, 53 L. Ed. 319, 29 Sup. Ct. 206, upholding statute of Arkansas forbidding mine owners employing ten or more men to screen coal before weighing for purpose of determining wages of employees; Dayton Coal & Iron Co. v. Barton, 183 U. S. 24, 46 L. Ed. 64, 22 Sup. Ct. 5, holding fact that corporation is foreign is no defense against Tennessee statute, valid as to domestic corporations, requiring redemption of store orders issued to employees; Wiseman v. Tanner, 221 Fed. 701, upholding act of Washington making it unlawful for employment agent to demand or receive fees for furnishing employment or information leading thereto; Rail etc. Coal Co. v. Yaple, 214 Fed. 280, upholding act of Ohio of 1914 regulating weighing of coal at mines; Speilberger Bros. v. Brandes, 3 Ala. App. 595, 58 South. 77, upholding law of 1911, regulating assignment of unearned salaries and wages; Union Sawmill Co. v. Felsenthal, 85 Ark. 357, 108 S. W. 221, upholding act of 1901 requiring corporations to redeem in money at face value, store orders, issued to employees; McNamara v. Washington Terminal Co., 35 App. D. C. 240, upholding Employers' Liability Act of Congress of 1906, as applied to District of Columbia, where plenary power of Congress is not dependent on commerce clause of Federal Constitution; District of Columbia v. Kraft, 35 App. D. C. 268, 30 L. R. A. (N. S.) 957, upholding act of Congress making it unlawful to conduct gift enterprise in District; Poli v. Numa Block Coal Co., 149 Iowa, 110, 33 L. R. A. (N. S.) 646, 127 N. W. 1107, upholding code provision requiring proper covers on mine cages, and allowing miner to recover for injury to hand by fall of lump of coal, resulting from defect in cover; McGuire v. Chicago etc. R. Co., 131 Iowa, 365, 366, 367, 33 L. R. A. (N. S.) 706, 108 N. W. 911, 912, upholding provision of code making railroad liable for injury to employee resulting from negligence of fellow-servant, regardless of prior contract of insurance, relief, benefit or indemnity; Regan v. Tremont Lumber Co., 134 La. 200, 201, 63 South. 875, upholding act of 1908 requiring checks issued to employees for services to be redeemed in money; Mutual Loan Co. v. Martell, 200 Mass. 487, 128 Am. St. Rep. 446, 43 L. R. A. (N. S.) 746, 86 N. E. 918, upholding act of 1908, requiring for assignment of future wages as security for loans less than two hundred dollars, written acceptance of employer, written consent of wife of married assignor, and that assignment be recorded; McCallum v. Simplex Electrical Co., 197 Mass. 390, 83 N. E. 1109, upholding statute of 1905 prohibiting assignment of future earnings, whether made by assignor or his attorney, unless executed in writing and for period not. exceeding two years from date of power of attorney; State ex rel. Simpson v. Sperry-Hutchinson Co., 110 Minn. 395, 30 L. R. A. (N. S.) 966, 126 N. W. 125, upholding act of 1909 prohibiting use of trading stamps unless article to be given as premium is described on stamp; State v. J. J. Newman Lumber Co., 102 Miss. 826, 45 L. R. A. (N. S.) 851, 59 South. 926, upholding law of 1912 prohibiting person engaged in manufacturing or repairing from working employees more than ten hours; Bryant v. Skillman Hardware Co., 76 N. J. L. 49, 69 Atl. 25, upholding act regulating employment of children in factories, workshops and mills; New York Cent. etc. R. Co. v. Williams, 199 N. Y. 120, 139 Am. St. Rep. 850, 35 L. R. A. (N. S.) 549, 92 N. E. 408, upholding labor law requiring railroads to pay employees wages in cash semi-monthly; White v. Mayor of Nashville etc., 134 Tenn. 693, 185 S. W. 722, upholding act of 1913 prescribing method and limiting time of bringing suits against municipal corporations for injuries resulting from negligence of officers or employees; State v. Prudential Coal Co., 130 Tenn. 278, L. R. A. 1915B, 645, 170 S. W. 56, imprisonment being imposed by operation of law if adjudged fine is not paid, act of 1913 making it misdemeanor punishable by fine, for corporation operating supply store not to pay employees in cash, contravenes Constitution of 1870 by authorizing imprisonment for debt indirectly; Scott v. Marley, 124 Tenn. 404, 137 S. W. 496, upholding act of 1887 regulating practice in partition cases and providing that attorney's fees of both parties may be paid out of common fund; Lawrence v. Rutland R. Co., 80 Vt. 384, 386, 390, 13 Ann. Cas. 475, 67 Atl. 1095, 1096, 1098, upholding act of 1906, requiring mining, quarrying, manufacturing or railroad corporation to pay employees each week in money; Shortall v. Puget Sound Bridge etc. Co., 45 Wash. 295, 122 Am. St. Rep. 899, 88 Pac. 214, upholding act requiring payment of wages of employees in lawful money; Kiley v. Chicago etc. Ry. Co., 138 Wis. 231, 119 N. W. 316, upholding laws of 1907 imposing liability on railroads for injuries. to employees resulting from Regligence of coemployees; State v. Krentz 871 KNOXVILLE IRON CO. v. HARBISON. 183 U. S. 13–22 berg, 114 Wis. 543, 91 Am. St. Rep. 944, 90 N. W. 1103, holding invalid Rev. Stats. 1898, § 4466b, providing that no person or corporation shall discharge employee for membership in labor organization. Distinguished in Parker, Webb & Co. v. Austin, 156 Mich. 580, 23 L. R. A. (N. S.) 266, 121 N. W. 325, Detroit city charter authorizing common council to regulate weights and measures does not authorize ordinance requiring city sealer to determine accuracy of computing devices on scales of merchants, and to approve or condemn them; dissenting opinion in Wiseman v. Tanner, 221 Fed. 710, majority upholding act of Washington making it unlawful for employment agent to demand or receive fees for furnishing employment or information leading thereto. Constitutionality of statutes regulating the time and method of payment of wages. Note, 122 Am. St. Rep. 911. Statutes regulating time of payment of wages. Note, 51 L. R. A. Validity and effect of statute regulating time of payment of wages. Constitutionality of statutes restricting right to assign salary or Right to contract is not absolute. Approved in State v. Missouri Tie etc. Co., 181 Mo. 558, 103 Am. St. Rep. 614, 65 L. R. A. 588, 80 S. W. 940, following rule; Commonwealth v. Strauss, 191 Mass. 553, 78 N. E. 138, upholding Rev. Stats., c. 56, § 1, prohibiting vendor making it condition of sale that vendee shall not sell goods of another; Ex parte Boyce, 27 Nev. 349, 357, 65 L. R. A. 47, 75 Pac. 10, 13, upholding act of February 23, 1903, providing eight-hour day for workingmen in mines, smelters and mills for reducing ores; Johnson v. Spartan Mills, 68 S. C. 361, 47 S. E. 704, upholding Code 1902, §§ 2719, 2720, forbidding issuance of merchandise orders in payment for labor unless redeemable in goods or money at holder's option, excepting from provision agricultural contract; State v. Stimpson, 78 Vt. 136, 1 L. R. A. (N. S.) 1153, 62 Atl. 18, upholding Acts 1898, No. 46, Acts 1904, No. 64, permitting State's attorney to prosecute by information, except where life penalty may be imposed; dissenting opinion in Lochner v. New York, 198 U. S. 67, 49 L. Ed. 946, 25 Sup. Ct. 539, majority holding void New York law limiting hours of work in bakeries. Distinguished in Lochner v. New York, 198 U. S. 55, 49 L. Ed. 941, 25 Sup. Ct. 539, holding void New York law limiting hours of work in bakeries; Sellers v. Hayes, 163 Ind. 437, 72 N. E. 125, Acts of 1901, c. 118, p. 505, declaring sale other than in course of business void as against claim arising from sale of part of such stock. Right of contract may be restrained as to corporations, as demanded by safety of State. Approved in International Text Book Co. v. Weissinger, 160 Ind. 355, 65 N. E. 524, upholding Acts of 1899, p. 193, § 4, prohibiting assignment of wages to become due to employees; Kilpatrick v. Grand Trunk Ry. Co., 74 Vt. 300, 93 Am. St. Rep. 895, 52 Atl. 535, holding, under Vt. Stats. 3886, 3887, requiring car ladders to be placed on end of cars on penalty of liability for injuries therefrom, employee cannot assume risk. Word "person" as including private corporation. Note, 20 Ann. Cas. 738. 183 U. S. 23-25, 46 L. Ed. 61, 22 Sup. Ct. 5, DAYTON COAL & IRON CO. V. BARTON. Act of Tennessee requiring redemption in cash of store orders issued to employees for wages is valid. Approved in Keokee Consolidated Coke Co. v. Taylor, 234 U. S. 227, 58 L. Ed. 1290, 34 Sup. Ct. 856, upholding Virginia law of 1888 forbidding certain classes of employers to issue merchandise orders for payment of labor unless same purported to be redeemable in cash; Erie R. R. Co. v. Williams, 233 U. S. 703, 51 L. R. A. (N. S.) 1097, 58 L. Ed. 1162, 34 Sup. Ct. 761, upholding New York labor law of 1907 requiring semi-monthly payment in cash of wages of employees of specified industries, including railroads; McGuire v. Chicago etc. R. Co., 131 Iowa, 367, 369, 33 L. R. A. (N. S.) 706, 108 N. W. 912, upholding provision of code making railroad liable for injury to employee resulting from negligence of fellow-servant, regardless of prior contract of insurance, relief, benefit or indemnity; White v. Mayor etc. of Nashville, 134 Tenn. 693, 185 S. W. 722, upholding act of 1913 prescribing method and limiting time of bringing suits against municipal corporations for injuries resulting from negligence of officers or employees; Scott v. Marley, 124 Tenn. 404, 137 S. W. 496, upholding act of 1887 regulating practice in partition cases and providing that fees of attorneys of both parties may be paid out of common fund; Lawrence v. Rutland R. Co., 80 Vt. 386, 13 Ann. Cas. 475, 67 Atl. 1096, upholding act of 1906, requiring mining, quarrying, manufacturing or railroad corporation to pay employees each week in money. Distinguished in Cable v. United States Life Ins. Co., 191 U. S. 307, 48 L. Ed. 194, 24 Sup. Ct. 77, holding corporation created by one State can operate in another only according to terms of latter's consent, express or implied. Word "person" as including private corporation. Note, 20 Ann. 183 U. S. 25–42, 46 L. Ed. 64, 22 Sup. Ct. 10, MCMASTER v. NEW YORK LIFE INS. CO. Yearly premium does not make separate contracts. Approved in Provident Sav. Life Assur. Society v. Taylor, 142 Fed. 712, 713, 74 C. C. A. 41, policy conditioning payment on death of assured within five years, payments yearly, constitute entire contract for five years insurance; Stramback v. Fidelity etc. Ins. Co., 94 Minn. 2 |