Prest-O-Lite Co. v. H. W. Bogen, Inc.

While I do not purpose to here review the arguments or authorities submitted in the briefs of the respective parties, or, indeed, to do more than announce generally my conclusions, yet one matter of argument, since it is brief, may be profitably suggested.

To limit the consideration of this case to the right which the purchaser of one of complainant’s tanks has to use and dispose.of it according to his pleasure affords but an incomplete, and therefore misleading, view of the controversy. This is exemplified in that part of defendants’ brief filed June 27, 1910, where they quote from the case below cited as follows:

Construed properly—that is, with reference to its context—this is doubtless a correct statement of the law. The question, however, it determines, is very different from that which arises where a person embarks in the business of buying up, or otherwise procuring and recharging, old tanks bearing a peculiar trade-mark, and then offering to resell' them to the public, in competition with the owner of the *916 trade-mark, who is also engaged in like business. The one case does not necessarily involve detriment to the owner of the trade-mark, while, in the latter, injury…