P. Lorillard Co. v. Peper
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. This suit was commenced by the filing of a bill on July 29, 1895, in the circuit court of the United States for -the Eastern district of Missouri, by the appellant, as plaintiff, complaining of unfair competition in trade by the defendant, the appellee, in the use for the sale of smoking tobacco of a package called the “True Smoke Package,” which was alleged to be a deceptive imitation…
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. This suit was commenced by the filing of a bill on July 29, 1895, in the circuit court of the United States for -the Eastern district of Missouri, by the appellant, as plaintiff, complaining of unfair competition in trade by the defendant, the appellee, in the use for the sale of smoking tobacco of a package called the “True Smoke Package,” which was alleged to be a deceptive imitation of plaintiff’s package, known as the “Tuberose Package.” The contention of plaintiff was that the resemblance and the…
1Opinion of the CourtBrewer, Circuit Justice
It is contended by the defendant that, inasmuch as before the beginning of this suit he had abandoned the use of the label which in the former case was claimed to be a deceptive imitation of the plaintiffs label, the inquiry must be limited to the question whether the package and label which he now uses are deceptive imitations, and that, therefore', substantially all the testimony used in the prior cause is irrelevant to the present controversy. Equity, it is said, cannot be invoked merely to award compensation for wrongs that have been done, and that, as the use of the former label had been…
2Cases cited2 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Ambler v. ChoteauSupreme Court of the United States · 1883
3Cited by31 opinions
- The Standard Oil Company, a Corporation and Sohio Petroleum Company, a Corporation v. Standard Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958
- Sunbeam Lighting Co. v. Sunbeam CorporationCourt of Appeals for the Ninth Circuit · 1950
- John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
- American Automobile Ass'n v. American Automobile Owners Ass'nCalifornia Supreme Court · 1932
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
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