Actiengesellschaft Vereinigte Ultramarin-Fabriken v. Amberg

DALLAS, Circuit Judge.

We are not able to concur in tbe conclusion that was reached by tbe court below upon the question which the learned judge of that court properly regarded as the controlling one. We agree that the complainant was not entitled to a decree restraining the defendant below from using the box and labels described in tbe bill of complaint, unless it appeared "that the complaiuant, or some one through whom it claims, was the first to adopt this particular style of dressing, and that since its adoption its usage by them has been general and continuous and exclusive;,” but our…