Legal Opinion

Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.

Supreme Court of the United States

Decided April 17, 1911No. 106PublishedCited by 176 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The facts, which involve the validity of a trade-mark and the jurisdiction of .this court on appeal from the Circuit Court of Appeals in a case involving validity of a trade-mark and also unfair trade where diverse citizenship exists, are stated in the opinion.

1Opinion of the CourtJustice McKenna

The Standard Paint Company, which we shall call the Paint Company, a West Virginia corporation and a citizen of that State, brought this suit against the Trinidad Asphalt Manufacturing Company, herein referred to.as the Asphalt Company, a Missouri corporation, having its principal office in the city of St. Louis, Missouri, in the Circuit Court of the United States in and for the Eastern Division of the Eastern Judicial District of Missouri, to restrain the infringement of a duly registered trade-mark for the word “Ruberoid” to designate a certain kind of roofing materials for covering houses…

2Cases cited10 opinions

  1. Canal Co. v. ClarkSupreme Court of the United States · 1872
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  4. Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
  5. Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904

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3Cited by176 opinions

  1. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  2. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  3. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
  4. Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
  5. Miller Brewing Company v. Jos. Schlitz Brewing Co.Court of Appeals for the Seventh Circuit · 1979

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