Layton Pure Food Co. v. Church & Dwight Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Bill by the Church & Dwight Company against the Dayton Pure Food Company. Decree for complainant, and defendant appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
This is an appeal from a decree which enjoins the Layton Pure Food Company, the defendant below, from infringing the trade-mark of the Church & Dwight Company, which consists of the representation of a cow which was registered in 1876, No. 3,884, and again in 1883, No. 10,118, by John Dwight & Co., the predecessor in interest of the complainant, as “a distinguishing mark for our baking soda, saleratus and baking powder.” In the facsimile of the label which accompanies the declaration for the first registration the picture of the cow appears inclosed in an annular band…
2Cases cited26 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- French Republic v. Saratoga Vichy Spring Co.Supreme Court of the United States · 1903
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3Cited by40 opinions
- Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
- L. E. Waterman Co. v. GordonCourt of Appeals for the Second Circuit · 1934
- Tandy Corporation v. Malone & Hyde, Inc.Court of Appeals for the Sixth Circuit · 1985
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
- Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
35 more not listed; retrieve them via the Exa API.