G. & C. Merriam Co. v. Syndicate Publishing Co., 237 U.S. 618 (1915), was a United States Supreme Court case in which the Court held that, under the Trademark Act of 1881, after a copyrighted work expires, the word used to designate that work falls into the public domain and cannot be trademarked.G. & C. Merriam Co. v. Syndicate Pub. Co., Bryan A. Garner, The Death of Webster's As A Dictionary Trademark: A Shaggy-Dog Story Part One, 1844 to 1915, 26 Green Bag 2d 287 (2023).
Background This suit was brought by complainant to enjoin the defendant from the use of the name "Webster" as a trademark and tradename when applied to the sale of dictionaries of the English language. A decree was entered dismissing the bill in the United States district court. This decree was affirmed upon appeal to the Second Circuit Court of Appeals, and from the latter decree an appeal was taken to the Supreme Court.
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