L. E. Waterman Co. v. Modern Pen Co.
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the use of the name Waterman in connection with the manufacture and sale of fountain pens, are stated in the opinion.
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APPEALS FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the use of the name Waterman in connection with the manufacture and sale of fountain pens, are stated in the opinion. The burden of proof is upon the defendant company to prove the affirmative defense set up by the answer, namely, that the defendant, Modern Pen Company, is selling pens made by a partnership rightfully doing business under the name “A. A. Waterman & Co.” and rightly making and marking the same with the firm name. Jacobs v. Beecham, 221 U. S. 263. ' The only evidence in support of its…
1Opinion of the CourtJustice Holmes
This suit was brought by the L. E. Waterman Company to enjoin the Modern Pen Company from using in connection with the manufacture and sale of fountain pens, other than those of the plaintiff’s make, the name A. A. Waterman or any name containing the word Waterman in any form, and for an account. The decision of the Circuit Court of Appeals upon' an order for a preliminary injunction is reported, 183 Fed. Rep. 118; 105 C. C. A. 408; that of the District Court upon the merits, 193 Fed. Rep. 242; and that of the Circuit Court of Appeals, 197 Fed. Rep. 534; 197 Fed. Rep. 536; 117 C. C. A. 30;…
2Cases cited8 opinions
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- Donnell v. Herring-Hall-Marvin Safe Co.Supreme Court of the United States · 1908
- Jacobs v. BeechamSupreme Court of the United States · 1911
- L. E. Waterman Co. v. Standard Drug Co.Court of Appeals for the Sixth Circuit · 1913
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- Conan Properties, Inc. v. Conans Pizza, Inc.Court of Appeals for the Fifth Circuit · 1985
- Avery Dennison Corp. v. SumptonCourt of Appeals for the Ninth Circuit · 1999
- Abraham Zion Corp. v. LebowCourt of Appeals for the Second Circuit · 1985
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