Manufacturers of Boys' Clothing: Notaseme Hosiery Co. (United States)


Figure 1.--This Notaseme ad appeared in an unifentified magazine. It emphasized a product line for both children and adults. It is undated, but we would guess it appeared in the 1910s. Like many hisiery ads, it emphasized that the stockings could stand up to nhard wear.

We have little information about the Notaseme Hosiery Company at this time. The company name was also the brand or trade mark name. It apparently emphasized that their hosiery did not have seems. The corporate offices were located in Philadelphis, Pennsylvania. We have no information on the company's corportate history. As far as we know the product line was entirely or primarily hosiery. It included, but was not limited to children's hosiery. We know the company was active in the 1910s, but we do not kjnow when it was founded or ceased doing business. Notaseme Hosiery Company is notable for bringing a suit which had an important impact on American trademark law. The company sought to restrain infringement of a trademark (1916). They charged unfair competition and sought to recover damages from Isador Straus and Nathan Straus, Trading and Doing Business under the Firm Name and Style of R. H. Macy & Co. The two companies had different trademarks (Notaseme and Irontex), but Macu's apparently used a label very similar to that used by Notaseme. Notaseme charged that this constituted fradulent intent. The case reached the Supreme Court which decided in Straus v. Notaseme Hosiery Co., 240 U.S. 179 (1916), "While one using an unregistered design similar to that adopted earlier by another may be enjoined from further use thereof, he may not be charged with profits if it appear that the original imitation was unintentional, that no deceit or substitution of goods was accomplished in fact, and that no considerable part of the business was due to his goods' being supposed to be those of the earlier user of the design. One innocently adopting an unregistered design and continuing to use the same after notice, not for the purpose of stealing the goodwill of the earlier user, but of preserving his own business, held, in this case, not to be charged with profits not shown to have been obtained by sales of articles supposed to be those of the earlier user. Relief for unfair competition not given, as the supposed unfairness consisted mainly in the use of a device that the earlier user sought to have registered, but was refused."






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Created: 4:10 PM 7/30/2009
Last updated: 4:10 PM 7/30/2009