Foster, Milburn & Co. v. Blood Balm Co.
Supreme Court of Georgia
Trade-Marks. Labels. Injunction. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1886. On February 20,1886, Foster, Milburn & Company filed their bill against the Blood Balm Company et al., alleging, in brief, as follows: In 1881, Thomas'Milburn & Co. were residing and doing business in Toronto, Canada.
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Trade-Marks. Labels. Injunction. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1886. On February 20,1886, Foster, Milburn & Company filed their bill against the Blood Balm Company et al., alleging, in brief, as follows: In 1881, Thomas'Milburn & Co. were residing and doing business in Toronto, Canada. They manufactured and sold certain bitters and adopted for their use a trade-mark, which they had registered in the patent office at Washington, D. C. Cotemporaneously with its adoption, they invented and adopted as a vehicle and part of it a printed wrapper. They have…
1Opinion of the Court
Bleckley, Chief Justice.
In the element of registered trade-mark, the case made by 'the complainants is a total failure. They had, and still have, a registered mark, but that has never, in any way, been encroached upon by the defendants. The registration has proved unfortunate, rather than happy, for it has even become a surprise to the complainants themselves, besides tending, perhaps, to mislead the defendants. The complainants now suggest that their true and correct trademark was not registered, but that .by mistake something else was substituted. This is enough to embarrass them,…
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