Legal Opinion
Feil v. American Serum Co.
Court of Appeals for the Eighth Circuit
Decided November 10, 1926No. 7226PublishedCited by 17 opinions
1Opinion of the Court
WALTER H. SANBORN, Circuit Judge.
This is an appeal from a decree of dismissal of a suit by the complainant, Feil, the owner of the trade-mark “Wormix,” No-161,134, registered November 7, 1922, to recover damages inflicted upon him by the defendant, American Serum Company, a corporation, by its infringement of his trademark by its use of the colorable imitation. “Worm-X,” and for an injunction against further infringement. The court below dismissed the bill on the ground that “Wormix” was incapable of becoming a trade-mark, because it was descriptive. In this court the ease presents two…
2Cases cited6 opinions
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- Holeproof Hosiery Co. v. Wallach Bros.Court of Appeals for the Second Circuit · 1909
- Church & Dwight Co. v. RussU.S. Circuit Court for the District of Indiana · 1900
- Northwestern Consol. Milling Co. v. MauserU.S. Circuit Court for the District of Eastern Pennsylvania · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Esso, Inc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1938
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
- David Sherman Corporation, Doing Business as the Sarnoff Company v. Heublein, Inc., Doing Business as Ste Pierre Smirnoff, FlsCourt of Appeals for the Eighth Circuit · 1965
- Standard Oil Co. v. MichieDistrict Court, E.D. Missouri · 1929
- Barbasol Co. v. JacobsCourt of Appeals for the Seventh Circuit · 1947
12 more not listed; retrieve them via the Exa API.