Legal Opinion

Metcalfe v. Brand

Court of Appeals of Kentucky

Decided November 29, 1887PublishedCited by 14 opinions

Case 50 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. No one can acquire the exclusive right to use the name of a place as part of a trade-mark as against other persons manufacturing the same article in that place. (Canal Co. v. Clarke, 13 Wall., 311; Newman v..

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Case 50 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. No one can acquire the exclusive right to use the name of a place as part of a trade-mark as against other persons manufacturing the same article in that place. (Canal Co. v. Clarke, 13 Wall., 311; Newman v.. Alvord, 49 Barb., 588; Browne’s Trade-marks, sections 83, 93, 111, 125, 127, 130, 133, 136, 143, 148, 155, 160, 162, 164, 166, 169, 182, 194;. Brooklyn White Lead Co. v. Masury, 25 Barb., 416; MeAndrews v. Bassett, 10 Jurist (N. S.), 550; Olaudee v. Deere, 54 111., 439; Glen-don Iron-works Oo. v. Uhler, 75 Pa., 467;…

1Opinion of the Court

JUDGE HOLT

delivered the opinion oe the court.

This case presents some interesting and rather novel trade-mark questions.

*337As early as 1810, one Bnrrowes began to make by a .secret process a particular kind of mustard, at Lexington, Kentucky. It soon became noted for its excellence, and widely known as “ Burrowes’ Lexington Mustard,” or more commonally as “Lexington Mustard.” By this name it was quoted in the market, and soon had an extensive sale at a high price. It was put up in round tin cans of different sizes, with a label upon each of this character, in size, color, letters, words and other…

2Cases cited7 opinions

  1. Canal Co. v. ClarkSupreme Court of the United States · 1872
  2. Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
  3. Newman v. . AlvordNew York Court of Appeals · 1872
  4. Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
  5. Boardman v. Meriden Britannia Co.Supreme Court of Connecticut · 1868

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Grocers Baking Co. v. SiglerCourt of Appeals for the Sixth Circuit · 1942
  2. Newport Sand Bank Co. v. Monarch Sand Mining Co.Court of Appeals of Kentucky · 1911
  3. Keller v. B. F. Goodrich Co.Indiana Supreme Court · 1888
  4. Watkins v. BennettCourt of Appeals of Kentucky · 1916
  5. W. R. Lynn Shoe Co. v. Auburn-Lynn Shoe Co.Supreme Judicial Court of Maine · 1905

9 more not listed; retrieve them via the Exa API.

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