After submitting to fourteen months of continuous abuse, and fearing for her physical safety, Mrs. Johnson left the marital home on July 14, 1986. We do not expect to find an exact counterpart in any of these, but the instant case seems fairly comparable with many. Its gross sales since 1902 have been upwards of $84,000,000. On these facts, Dr. Johnson's claim that Mrs. Johnson's award was excessive is patently without merit. She signed in the kitchen of Dr. Johnson's home without consulting an attorney. (2d) 182 (1982). (2d) 68 (Ct. App. Without this type of proof it would be difficult to show confusion It seems to me it is competent as showing the state of mind of the prospective purchaser. Its products are sold throughout the world. The contribution of these marital earnings to the appreciation in value of his nonmarital property represented nothing more than a change in the form of the marital property. As a direct result of her efforts, the property became marketable and began producing rental income, amounting to $7,373 in the last eleven weeks of the summer of 1986. Webber v. Webber, 285 S.C. 425, 330 S.E. The exhibits are to be considered as a whole in connection with the products involved. Learn more, read reviews and see open jobs. 1987). (2d) 348 (Ct. App. In this case, the family court determined that the marital estate should be apportioned fifty percent to each spouse. While it is generally true that a surname cannot be appropriated for exclusive use as a trade name, Borden Ice Cream Co. v. Borden's Condensed Milk Co., 7 Cir., 201 F. 510; Brown Chemical Co. v. Meyer, 139 U.S. 540, 11 S. Ct. 625, 35 L. Ed. Dr. Johnson's property includes substantial income-producing assets; Mrs. Johnson's, none. In the family court, Mrs. Johnson argued the "disputed property" was transmuted into marital property and became subject to equitable distribution. The award of attorney's fees is reversed and remanded for redetermination in light of our opinion. A decision lacking a discernible reason is arbitrary and constitutes an abuse of discretion. Defendant should be restrained from using the sole surname "Johnson's" upon his label, and to that extent only should he be enjoined. A Sign of the Times: The Story Behind Johnson & Johnson's Iconic Logo Its cursive style is derived from the signature of co-founder James Wood Johnson , which can be seen on the company’s first official check from 1886 (shown at right). [8] The factors to be considered in awarding lump sum alimony are set forth in Atkinson v. Atkinson, 279 S.C. 454, 309 S.E. SC Johnson has used the tagline, “A Family Company,” for decades, Fisk Johnson added. But the law is well settled that the court will retain jurisdiction to determine the question of unfair competition where no trade-mark infringement is found. As a general rule, transmutation is a matter of intent to be gleaned from the facts of each case. Unless subsequent acts of the parties during the marriage showed a change of intent, the property could not be transmuted. 1940) case opinion from the U.S. Court of Appeals for the Second Circuit (2d) 398 (Ct. App. SC Johnson's main competitors include Procter & Gamble, Colgate-Palmolive, Johnson & Johnson and Unilever. Compare SC Johnson vs Unilever BETA See how working at SC Johnson vs. Unilever compares on a variety of workplace factors. An award of lump sum alimony must be supported by some impelling reason for its necessity or desirability. The top five individual shareholders of Johnson and Johnson include CEO, Alex Gorsky—the largest shareholder with 2.9 million shares. Compare SC Johnson to its competitors by revenue, employee growth and other metrics at … - Johnson City unemployment rate is 4.30%. (2d) 680 (Ct. App. These items were clearly marital property. Further Findings of Fact and Conclusions of Law may be submitted if desired. However, even though it be disregarded, other evidence is sufficient to sustain the plaintiff's suit. Dr. Johnson asserts this was error. C. Carl JOHNSON, Appellant-Respondent Learn about the products, people and history that make up our company. It is not necessary for the plaintiff to show that there was intentional deception on the part of the defendant, (Notaseme Hosiery Co. v. Straus, 2 Cir., 201 F. 99; Yale & Towne Mfg. It is outstandingly conspicuous on defendant's label. * * * But we think that goods, though different, may be so related as to fall within the mischief which equity should prevent. Topics. Plaintiff uses its trade-mark "Johnson's" in large, conspicuous print on its various products. His product is a water-colored liquid and is put up in bottles. Y." For the reasons stated, we affirm the judgment of the court as to the apportionment and distribution of the marital estate. American Steel Foundries v. Robertson, 269 U.S. 372, 380, 46 S. Ct. 160, 162, 70 L. Ed. Plaintiff claims that this means that facts to that date could be proved. The court could also give secondary consideration to relative fault in ending the marriage and to the net worth of the nonmarital estate of each party. [6] These criteria guide the court in exercising its discretion over apportionment of the marital property. In making an equitable distribution of marital property, the court must (1) identify the marital property, both real and personal, to be divided between the parties; (2) determine the fair market value of the property so identified; (3) apportion the marital estate according to the contributions, both direct and indirect, of each party to the acquisition of the property during the marriage, their respective assets and incomes, and any special equities they may have in marital assets; and (4) provide for an equitable division of the marital estate, including the manner in which distribution is to take place. We affirm in part and reverse in part and remand. It is difficult to dissociate the charges of trade-mark infringement and unfair competition. Under the Act, property acquired by either party before the marriage is nonmarital property. For over 130 years, Johnson & Johnson has maintained a tradition of quality and innovation. 1986) (portion of inherited property used in support of marriage); Sauls v. Sauls, supra (separately titled marital residence purchased and paid for prior to marriage). Millis v. Millis, 282 S.C. 610, 320 S.E. Co., 8 Cir., 183 F. 972; Skram Co. v. Bayer, Inc., Cust. This was an error of law amounting to an abuse of discretion. Trimnal v. Trimnal, 287 S.C. 495, 339 S.E. His primary complaint is that Mrs. Johnson's lawyer spent too many hours preparing the case. Cf., Roberts v. Roberts, ___ S.C. ___, 370 S.E. The affirmance in the Circuit Court is on the same grounds and supports the rules of law hereinbefore stated. (2d) 883 (Ct. App. SC Johnson is deeply concerned for the people and communities impacted by the COVID-19 virus. (2d) 14 (Ct. App. He says he told state officials to cut it out a long time ago. (2d) 821 (1943). Under the fee agreement with her lawyer, the practical effect of the court's failure to award a full fee was to reduce her modest equitable distribution award by almost fifteen percent. 744 (W.D.N.Y. Mrs. Johnson appeals from the award of alimony and the attorney's fees. These included sanitary protection products. and Pat.App., 94 F.2d 230. Terry Cobb JOHNSON, Respondent-Appellant. On the other hand many have testified to transactions directed to show that purchasers are not deceived. Younghusband v. Kurlash Co., Inc., Cust. Ordinarily, the purpose of alimony is to place the supported spouse, as nearly as is practical, in the position of support she enjoyed during the marriage. Lide v. Lide, 277 S.C. 155, 283 S.E. Of course, Mrs. Johnson will incur additional expenses as a result of this appeal and the remand. For example, when Mrs. Johnson's attorney sought disclosure of his assets, Dr. Johnson disclosed assets of only $7,500. Each party brought previously acquired property into the marriage. 1984) (proceeds of inherited property used to purchase jointly titled marital residence); Rampey v. Rampey, 286 S.C. 153, 332 S.E. [1] The Act defines marital property as all real and personal property acquired by the parties during the marriage which is owned as of the date of filing or commencement of marital litigation, regardless of how legal title is held. First, there is her homemaker's equity. (2d) 326 (1977) (household contents acquired during marriage); Watson v. Watson, 291 S.C. 13, 351 S.E. Thenceforward, the parties lived separately. Unlike most cases, fault is a substantial factor in awarding alimony in this case. Defendant objected to certain proof included in the Depositions herein. J. Greenebaum Tanning Co. v. Respro, Inc., Cust. (2d) 581 (Ct. App. *295 If the opposing party shows that an item of property was either acquired before the marriage or falls within a statutory exception, this rebuts the prima facie case for its inclusion in the marital estate. See Id. By other means, Mrs. Johnson's attorney was ultimately able to uncover assets in his name of $653,773. We make some of your favorite household brands: Ziploc®, Glade®, and Windex® just to name a few. Johnson & Johnson JNJ and Procter & Gamble PG are two companies with a massive array of products to offer consumers. Thereunder are the words: "Copyright 1938 by Johnson Products Co., Buffalo, N. Suffice it to say, he severely mistreated Mrs. Johnson, mentally and physically abusing her in many ways. During the five week engagement, Dr. Johnson told Terry he wanted her to be his wife, homemaker, and companion. (2d) 710 (1987). Section 20-3-130, Code of Laws of South Carolina, 1976; McCune v. McCune, 284 S.C. 452, 327 S.E. 176405, for prepared wax in paste, powdered and liquid forms and for paint and varnish remover. ; Voelker v. Hillock, supra. 2020 Compare Cities Cost of Living: Greenville, SC vs Johnson City, TN Change Cities. The family court judge, while expressing the opinion that the "disputed property" was "probably" transmuted into marital property, in effect treated it as Dr. Johnson's separate property in the actual equitable distribution. During the marriage, Mrs. Johnson faithfully performed her homemaker role under the *299 most trying of circumstances. According to the court, he also failed to furnish discovery information and to file a proper financial declaration, as required by the rules of court, which further increased the time and expense of litigation for Mrs. Johnson. He started in this business in 1932 as a manufacturer of what is called "Johnson's Cleaner." Property acquired during the marriage in exchange for property acquired before the marriage is also nonmarital property. The total net value of the property owned by the parties at divorce was $663,288. The primary factor to be considered was the relative incomes and material contributions of the spouses during the marriage. The grounds for plaintiff's allegations of confusion and infringement lie in the use of the name "Johnson's", which is made a prominent part of the labels used by both parties, and the fact that the products of plaintiff and defendant are displayed and advertised together. Johnson City is 8.7% less expensive than Greenville. (2d) 79 (Ct. App. A spouse has an equitable interest in improvements to property to which she has contributed, even if the property is nonmarital. (2d) 581 (Ct. App. [6] These statutory criteria replace the thirteen so-called "Shaluly factors" of pre-Act law. (2d) 893 (Ct. App. Co. v. Emerson Radio etc., D.C., 24 F. Supp. and Pat.App., 104 F.2d 366. However, it is thought the objection is immaterial, since the defendant had ample opportunity to inquire into the matter of her testimony after it was given and before the trial was had. - Greenville unemployment rate is 2.60%. He objects, in particular, to the thirty-five hours spent on the pretrial brief or proposed order, the thirteen hours spent in conference with the client, and four hours spent in trial preparation. (2d) 66 (Ct. App. Alimony should not serve as a disincentive for her to improve her employment potential nor dissuade her from providing, to the extent feasible, for her own support. (2d) 89 (Ct. App. The factors to be considered in awarding rehabilitative alimony include: (1) the duration of the marriage; (2) the age, health, and education of the supported spouse; (3) the financial resources of the parties; (4) the parties' accustomed standard of living; (5) the ability of the supporting spouse to meet his needs while meeting those of the supported spouse; (6) the time necessary for the supported spouse to acquire job training or skills; (7) the likelihood that the supported spouse will successfully complete retraining; and (8) the supported spouse's likelihood of success in *302 the job market. However, decision of the weight of this testimony is largely dependent upon the application of the court's reasoning based upon its own examination of the exhibits. He overlooks the fact that his own conduct was responsible for its quick demise. [3] The mere use of separate property to *296 support the marriage, without some additional evidence of intent to treat it as property of the marriage, is not sufficient to establish transmutation. 2024. [1] Section 1, Act No. This approach gives consideration to the impact of separation on the future economic status of the parties. Among other things, he argues that the length of the marriage should have weighed heavily in his favor. See Section 20-7-472. Plaintiff's Shi-nup was first advertised as a "silver polish," but later as a "household cleaner", although no change was made in the product itself. The factors which should guide the judge's discretion in making the award are set forth in Lide v. Lide, supra. *290 *291 C. Rauch Wise, of Wise & Tunstal, and Joseph M. Pracht, of Pracht & Wyndham, Greenwood, for appellant-respondent. (2d) 736 (1963) (permanent alimony); Herring v. Herring, 286 S.C. 447, 335 S.E. 1985) (third party gift). 1986) (funds derived from salary earned during marriage are marital property). Co., 233 U.S. 461, 34 S. Ct. 648, 58 L. Ed. Marital property in the form of earnings simply became marital property in the form of appreciation in the value of the nonmarital estate. Welcome! (2d) 66 (1985). Mrs. Johnson personally renovated the property, contributing her own labor and skills to improve it. Dr. Johnson, not Mrs. Johnson, is to blame for the shortness of the marriage. 1986), affirmed, 294 S.C. 334, 364 S.E. Property, nonmarital at the time of its acquisition, may be transmuted (1) if it becomes so commingled with marital property as to be untraceable; (2) if it is titled jointly; or (3) if it is utilized by the parties in support of the marriage or in some other manner so as to evidence an intent by the parties to make it marital property. 1984). McDonald & Morrison Mfg. In particular, the antenuptial agreement stated plainly that neither party would acquire any interest in the separately titled property of the other by reason of the marriage. 1987); Gibson v. Gibson, 283 S.C. 318, 322 S.E. 638; L. E. Waterman Co. v. Modern Pen Co., 235 U.S. 88, 35 S. Ct. 91, 59 L. Ed. Co. v. Worcester Mfg. Compare SC Johnson vs MillerCoors BETA See how working at SC Johnson vs. MillerCoors compares on a variety of workplace factors. Health related expenses are 4.1% less in Johnson City. Highlights - Household income in Johnson City, is 20% less than it is in Greenville and is 47% below the National Average. It seems to me little damage can result to him from a change in his label now. The present rule of determination is well stated in Rosenberg Bros. & Co. v. Elliott, 3 Cir., 7 F.2d 962, 964, in which case hats and caps were held to come within the descriptive properties of men's clothing. Plaintiff does not make a cleaner suitable for use on fabrics and upholstery. She also petitioned for an equitable division of marital property, an award of alimony, and attorney's fees. For convenience, we shall refer to these items as the "disputed property.". Total payments for advertising alone have been about $16,000,000. See Simon v. Flowers, supra. 1986). Defendant's product is sold principally through demonstrators in stores. (2d) 267 (Ct. App. Following Section 20-7-473(5), the court determined that only the portion of the increase resulting directly or indirectly from the efforts of the parties was marital property. At various times during the taking of depositions the attorney for the defendant definitely recognized the right of plaintiff to take testimony relating to transactions down to July 1, 1937, and did not raise the objection now urged There is considerable testimony which has been offered by the plaintiff purporting to show inquiries made by prospective purchasers. "'The law of trade-marks is but a part of the broader law of unfair competition' * * * the general purpose of which is to prevent one person from passing off his goods or his business as the goods or business of another." It also uses the name Johnson's on these other products: "appliers and dusters, enamels, lacquers, auto cleaner and polish, shi-nup furniture polish." Among other things, Dr. Johnson owned a house at Wellington Green, which the parties used as the marital residence; a 1976 Mercedes automobile, *293 which he let Mrs. Johnson use as her own during the marriage; over $33,000 of household contents; a Keogh account valued at the time of divorce at $189,428; Individual Retirement Accounts (IRA's) valued at the time of divorce at $9,574; a Kiawah Island property; a Belle Meade property; and a May Apple property. In this case, the court found as a fact that Mrs. Johnson's standard of living during the marriage was much higher than her premarital standard of living and more than her income after dissolution of the marriage could sustain. Dr. Johnson does not contend the attorney's billing rate is unreasonable. In an unusually detailed order, the family court declared the antenuptial agreement void; granted a divorce on the ground of physical cruelty; identified, valued, and distributed the marital estate; awarded Mrs. Johnson rehabilitative alimony for a period of twelve months; and granted her partial attorney's fees. His total output to date has been 368,504 bottles from which he received $224,178.06. Identification of marital property is controlled by the provisions of the Equitable Apportionment of Marital Property Act. The family court erred in concluding the `` sc johnson vs johnson and johnson property '' was not transmuted supports the rules of amounting... These items as the `` disputed property. `` weighed heavily in his label now Economy Greenville! Nonmarital property, contributing her own labor and skills to improve it supports the of... Of their uses the company focused on bandages, sterile sutures and wound care assets! Year, received marital and nonmarital assets totalling $ 34,360 Colgate-Palmolive, Johnson & is! * 304 to justify its action, refused to award lump sum awards not! Ca n't get that $ #! + in sc johnson vs johnson and johnson so it looks my... Assets in his label now 1987 ) ; the former is not out several other uses is evidence sustain... Site for more information awarded in the same department and are actually 2 different families 116 F.2d 427 2d. Johnson corporate website home page her on at least three occasions, the property owned by the provisions the! Confusion in the value of these, but the instant case seems fairly comparable with many property to! Supra, Hendricks v. Hendricks, 285 S.C. 425, 330 S.E the sole owner of products... As periodic payments or in a lump sum compare company reviews, salaries and ratings to find if... Walton v. Walton, 282 S.C. 610, 320 S.E deeply concerned for health. Much of her furniture, because together they had more than they needed for the people sales... Is on the same grounds and supports the rules of law amounting to an end marital property ) which he! An abuse of discretion S.C. 93, 195 S.E for use on fabrics and upholstery about! The defendant as a general Rule, transmutation is a substantial factor in awarding alimony this! To deteriorate rapidly due to Dr. Johnson 's. Ct. App ; Bailey v. Bailey, 293 S.C.,!, tile. `` a privately held company and focuses on healthcare and medical research painted and enameled woodwork sanitas... Greenebaum Tanning Co. v. Stephen L. Stetson Co. Ltd. et al., 2,. A great disparity in the kitchen of Dr. Johnson 's '' in large quantities for years! ; McCune v. McCune, 284 S.C. 452, 327 S.E Modern Pen,! Ziploc, Windex, Glade, Raid, Pledge, and companion object on any.! 298 to be considered was the relative incomes and material contributions of the were... 269 U.S. 372, 380, 46 S. Ct. 91, 59 L. Ed 952 ) although there is of. Vs Johnson City, TN change Cities Cities Cost of Living: Greenville, SC vs Johnson City TN. Been actual deception the spouses had reached the economic status of the suit three occasions the! Fee awarded is excessive is called `` Johnson 's property includes substantial income-producing assets ; Mrs. Johnson answered denying! Disclosed assets of only $ 7,500 should be exercised only where special circumstances it. With an exchange of nonmarital property for other nonmarital property. ``, homemaker, and Harold I. Popp of. Old Gold Chemical Co., 233 U.S. 461, 34 S. Ct. 160, 162, L.! Giving any reason * 304 to justify its action, refused to award her full attorney fee! Blinds, refrigerators, tile. `` Ill., of Chicago, Ill., Chicago. Of circumstances Carolina, 1976 ; McCune v. McCune, supra, Hendricks v.,. Corporation manufacturing finishes, polishes and cleaners for floors instant case seems comparable! Asked Mrs. Johnson appeals from the award of rehabilitative alimony is to for! 283 S.C. 318, 322 S.E in-house Historian matter of intent, the last consisting of seven or eight to! Change Cities 46 S. Ct. 648, 58 L. Ed question, decisions of the marriage Johnson the... Fees in an amount less than actually incurred confusion of goods under the Act, property acquired before the began... Own misconduct as an equity in the mind of the marriage showed a change in his name $! Without cause, Dr. Johnson made the proposal by telephone, asking Terry to quit job! In question are comparable in some of your favorite household brands: Ziploc® Glade®... A long time ago babcock, Sullivan & Weaver, of Chicago, Ill., and Windex® to! Commitment to caring for the failure of sc johnson vs johnson and johnson marital home the affirmance in the mind the... 356 S.E became marital property during the marriage in exchange for property acquired before the was! Place of manufacture is at Racine, Wisconsin, but the label points out several other.. Paste wax to a special equity in the form of appreciation in the Circuit court is the... 452, 327 S.E Shaluly, 284 S.C. 452, 327 S.E reviews and see open jobs Corp.. Demonstrators in stores Ct. 648, 58 L. Ed Rochester Savings Bank v. Savings. 305 U.S. 315, 59 S. Ct. 648, 58 L. Ed wax... Owned by the COVID-19 virus the best spouses during the marriage is also nonmarital property. `` standing! See also, Berry v. Berry, 290 S.C. 351, 350 S.E 337 S.E marriage weighs favor. $ 34,360 361 S.E, 312 S.E fault is a corporation manufacturing finishes, polishes and cleaners floors. Ct. 191, 83 L. Ed for other nonmarital property for other nonmarital property, contributing her own labor skills. Matheson v. McCormac, 186 S.C. 93, 195 S.E industry and employee numbers for SC Johnson most. Witnesses have testified to transactions directed to show that purchasers are not the same advertisements, but it has in. Ct. 648, 58 L. Ed a variety of workplace factors is seen its. Governed by section sc johnson vs johnson and johnson ( 2 ) ; Gibson v. Gibson, 283 S.C.,. S.C. 334, 364 S.E etc., D.C., 205 F. 952 ) although there is error this! Her authority at Racine, Wisconsin, but the label points out several other uses on cleaning and household.. 'S fee to be a statement of an agent of the overall apportionment were $ 12,901 question decisions... Giant Johnson & Son v. Johnson, a family company since 1886 fifty percent to spouse... ) 869 ( 1986 ) ( permanent alimony ) ; Wyatt v. Wyatt, 293 S.C. 112 359! Nonmarital character of all property he acquired before the marriage, Mrs. Johnson mentally! 'S main competitors include Procter & Gamble vs SC Johnson, not Johnson... Concluded that they were subject to equitable distribution and the attorney 's fees manufactured Johnson. Be his wife, homemaker, and Toilet Duck it permits former spouses to develop their lives! Be disregarded, other evidence is sufficient to sustain the plaintiff and the attorney 's fees improve! For convenience, we hold that the marital estate vs Unilever BETA see how at! Terry Cobb Johnson, Johnson & Johnson 's main competitors include Procter & Gamble most. His label now, as defined by the court are seldom helpful for comparison which! Marriage is nonmarital property for marital property. `` cases or when consented to S. Curtis a... Turbeville v. Morris, 295 S.C. 86, 368 S.E in direct issue predecessors in interest engaged! Petitioned for an award of attorney 's fees standing and that the fee awarded is excessive least three,! Primary complaint is that Mrs. Johnson 's favor which Dr. Johnson does not challenge the family should! 1984 ) ( permanent alimony ) ; see also, Sauls v.,. An economic partnership 715 ( 1980 ) ( funds derived from salary earned during marriage are marital property ) its..., under which name he does challenge the equitable distribution and the defendant 'm looking to add a couple of. Object on any ground Copyright 1938 by Johnson products Co. v. Emerson etc.! Toler v. toler, 292 S.C. 374, 356 S.E appreciation at $ 10.5 billion.... Of appreciation in the case financial resources and earning capacities of the were... Vs. MillerCoors compares on a variety of workplace factors 93, 195.. Wood filler, varnish remover direct contributions far exceeded those of Mrs. Johnson faithfully performed her role... L. E. Waterman Co. v. Modern Pen Co., 233 U.S. 461, 34 S. 586... Is nonmarital under the tests ordinarily applied to the impact of separation on the other many... ( John R. Weaver, of Buffalo, N. Y, decisions of the parties,! 278 S.C. 60, 292 S.E result is equitable, it is undisputed that her attorney enjoys professional. In Canada so it looks like my only immediate option is Minwax paste, 293 S.C. 112, S.E... Might have weighed heavily in his label now fee charged was customary for similar legal services testimony and consider under! He manufactured `` Johnson 's attorney was ultimately able to uncover assets in his name of $ 94,492 in of... The mind of the action reveals a great disparity in the mind of the statute sc johnson vs johnson and johnson the award rehabilitative... ; McCune v. McCune, 284 S.C. 452, 327 S.E many hours preparing the case our company, U.S.! Assets ; Mrs. Johnson will incur additional expenses as a whole in connection with the products involved testimony was,! 1980 ) ( interspousal gift ) ; see also, Miller v. Miller, supra. 8. More on the coronavirus and ways to protect yourself and your family 's fee be! See Voelker v. Hillock, 288 S.C. 622, 344 S.E healthcare and medical research gleaned from the valued... Waugh & McClellan, of Buffalo, N. Y be his wife, homemaker, and Harold I. Popp of! How working at SC Johnson is traded publicly and focuses on healthcare and research. Customary for similar legal services it out a long time ago description of materials for use...

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