Affixed by using perforated letters. Trade-mark appears on every yard of Brenlin window shades.
Names, descriptive in their nature, and therefore not registrable under the Act of 1905, may, nevertheless, be protected by the law of unfair competition, if the circumstances are such as clearly to indicate that a new user of the name has adopted it for the purpose of trading upon the reputation of an older or more widely known concern.
A Trade-Mark Must Not Misrepresent the Quality, Composition, Character, or Origin of the Product
A fraud cannot be legalized, and a misrepresentation of any kind, made by a trade-mark, renders it invalid.
"Syrup of Figs" was held to be invalid as a trade-mark, and not protectable, in a case where the product was shown to have only a trace of fig syrup.
The title "American Sardines", applied to fish which were not sardines, was considered a misrepresentation, and was refused registration.
(Note: Even if not a misrepresentation, it would be considered invalid, as it is descriptive.)
In the case of Wrisley v Iowa Soap Company, it was held that the name "Old Country Soap" used on soap and advertised in such a way as to lead people to believe that it was made in Europe, was deceptive and protection to the name could not be given.
