Thomas G. Plant Co. v. May Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. Tliis is an appeal from an order refusing in part an application made by the appellant for a preliminary injunction restraining the appellee from infringing a trade-mark belonging to the appellant, and from certain other practices which were alleged to be unfair competition in trade.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. Tliis is an appeal from an order refusing in part an application made by the appellant for a preliminary injunction restraining the appellee from infringing a trade-mark belonging to the appellant, and from certain other practices which were alleged to be unfair competition in trade. Tiie motion was beard on the bill and answer and affidavits introduced by the respective parties. The appellant is a corporation organized under tiie laws of Massachusetts, and engaged in the business of…
1Opinion of the Court
SEVERENS, Circuit Judge,
having stated tke case as above, delivered tke opinion of tke court.
Counsel for tke appellant kave first discussed tke matter of this appeal in their briefs at some length upon tke assumption that tke appellant had a technical trade-mark in tke designation “Queen Quality” or “Queen,” but, as this is not alleged in tke bill, and appears only incidentally in tke proofs, we shall not deal with tke *377case on that footing. The substantial merits of the case are involved in the question whether the appellant was entitled to an injunction to restrain the defendant from pursuing…
2Cases cited10 opinions
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
- Proctor & Gamble Co. v. Globe Refining Co.Court of Appeals for the Sixth Circuit · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
- Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
- Computing Scale Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1902
- Hemmeter Cigar Co. v. Congress Cigar Co.Court of Appeals for the Sixth Circuit · 1941
- American Dirigold Corp. v. Dirigold Metals Corp.Court of Appeals for the Sixth Circuit · 1942
8 more not listed; retrieve them via the Exa API.