G. W. Cole Co. v. American Cement & Oil Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. In the year 1894 the firm of G. W. Cole & Co. began the manufacture of a compound oil. according to a secret formula. The oil was a lubricant, rust preventer, and polish. They adopted as a trade-mark and name the designation “Three in One,” cast in the form of a large figure “1” in red, upon which was superimposed in white the numeral “3” above the word “in.”
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. In the year 1894 the firm of G. W. Cole & Co. began the manufacture of a compound oil. according to a secret formula. The oil was a lubricant, rust preventer, and polish. They adopted as a trade-mark and name the designation “Three in One,” cast in the form of a large figure “1” in red, upon which was superimposed in white the numeral “3” above the word “in.” This cipher was later molded in the glass of the bottles containing the compound. The-device was new, the product largely advertised, met with…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). We are to consider this case, as the bill presents it, to involve the charge both of an infringement of a trade-mark and of unfair competition in trade. The two are sometimes confounded, yet they are distinctive, and the distinction ought not to be lost sight of. A trade-mark is an arbitrary, distinctive name, symbol, or device, to indicate or authenticate the origin of the product to which it is attached. An infringement of such trade-mark consists in the use of the genuine upon substituted goods, or of an exact copy or reproduction of the genuine, or in…
2Cases cited8 opinions
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Kann v. Diamond Steel Co.Court of Appeals for the Eighth Circuit · 1898
- P. Lorillard Co. v. PeperCourt of Appeals for the Eighth Circuit · 1898
- Sterling Remedy Co. v. Eureka Chemical & Manufacturing Co.Court of Appeals for the Seventh Circuit · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
- British-American Tobacco Co. v. British-American Cigar Stores Co.Court of Appeals for the Second Circuit · 1914
- House of Westmore, Inc. v. DenneyCourt of Appeals for the Third Circuit · 1945
- American Products Co. v. American Products Co.District Court, E.D. Michigan · 1930
- Furr's Inc. v. United Specialty Advertising CompanyCourt of Appeals of Texas · 1960
21 more not listed; retrieve them via the Exa API.