Page:Federal Reporter, 1st Series, Volume 8.djvu/59

MATTHEW V. PENS8YLVAHU B. 00. 45 �place, as against the defendant subsequently mariufacturmg at Ihe original place — Grlenfield — and claiming on that account the right to use the name in connection with the starch made by him. Lord Westbury stated the point on which the final decision in favor of the eomplainant was rested, with clearness. He said : �"I take it to be clear from the evidence that long antecedeptly to the opera- tions of the respondent the word "Glenfleld" had acquired a secondary &igni- flcation or meaning in connection with a particular manufacture; in short, it had become the trade denomination of the starch made by the appellant, It was wholly taken out of ita ordinary meaning, and in connection with starch had acquired that peculiar secondary signification to which I have referred, The word ' Glenfleld,' therefore, as a denomination of starch, had become the property of the appellants. It was their right and title in connection with the starch." �We do not find in the present case any state of facts eorresponding with thia. The words "Old Oscar Pepper Distillery " never lost their primary signification, and never acquired any secondary meaniiig; and, as applied to the whisky made by the eomplainant, the worda "Old Oscar Pepper," and their abbreviation, "0. 0. B.," nevef came to mean more thto whisky that had been made at that particular dis- tillery. They did not become a denomination of whisky as the man- ufacture of the eomplainant or of any person, but characterized it only as entitled to public favor by reason of the iepiltation of the particular distillery at which it purported to have been made. �For these reasons we are of opinion that the equity of the case, both upon the original and cross-bills, is with the defendants. A decree may be entered aocordingly. �Babb, D. J., concurred. ���Matthbw V. The Pbnnstlvania R. Co.* �[Oireuit Court, E. D. Pennsylvania. June 22, 1881.) �1. Patbht—Licbnse!— Construction of. �A license to use a patented invention upon the locomotives used by & railroad company on its road, or on " any road or roads now owned or that may here- after be owned or operated by said company," embraces not only locomotives in use at ^he date of the license upon roads then owned and operated by the company, but also such other locomotives as it might thereafter use, and other roads which it might thereafter operate. �*Reportea by #rank F. Frichard, Esq., of the FUladelpUa bar. ��� �