Label
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
1.
In former English conveyancing, something appended to a larger writing, to operate as a codicil.
Wharton. 2.
Also a narrow slip of paper afl Sxed to a deed or writ to bear the seal.
Cowel. 3.
A term of heraldry.
Wharton. 4.
The outer moulding of a doorway.
Shipley. 5.
The vernacular meaning of label, viz: of affixed chandise, for the purpose; of bearing a statement of the contents, — has been drawn somewhat into discussion under recent statutes protecting trademarks. Thus, while a label cannot (probably) be protected under copyright laws, it may, if sufficiently original and distinctive, be registered as a trademark. On the distinction between these, see Browne Tradem. § 537. A careless speaker may apply the term trademark to a mere label, although such mere label is not protected.
Br. Tr. § 83.
Labels composed of words in common use cannot be exclusively appropriated as trademarks, though they may become powerful auxiliaries. lb. § 544. For the purposes of the English trademarks registration act of 1875, a trademark may ccuisist of a distinctive label.
Stat. 38 & 39 Vict. ch. 91,§ 10.
A mere label, such as is affixed to bottles or parcels of manufactured goods, is not a book such as may be copyrighted.
Coffeen V. Brunton, 4 Mc Lean, 516.