Viavi Co. v. Vimedia Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Suit by the Viavi Company against the Vimedia Company and others. From a decree in favor of defendants, plaintiff appeals.
1Opinion of the Court
MUNGER, District Judge.
This suit was brought to restrain unfair competition in business and to protect what was claimed to be a trade-mark and a trade-name. The appellant and its predecessors in in*291terest for many years have been engaged in making and vending proprietary medicines to which it has applied the name “Viavi.” It is claimed that the name was registered as a trade-mark in 1891. The medicines are put up in bottles, in cylindrical wooden boxes, and in tin boxes, and these are inclosed in cardboard cartons of ordinary forms. The general method of sale was the procurement of local…
2Cases cited20 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Tabor v. . HoffmanNew York Court of Appeals · 1889
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
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3Cited by21 opinions
- R. G. Smith, Doing Business Under the Name and Style of Ta'ron, Inc., and International Fragrances, Inc. v. Chanel, Inc., and Chanel Industries, Inc.Court of Appeals for the Ninth Circuit · 1968
- Morton Buildings of Nebraska, Inc. v. Morton Buildings, Inc.Court of Appeals for the Eighth Circuit · 1976
- American Automobile Ass'n v. American Automobile Owners Ass'nCalifornia Supreme Court · 1932
- K-S-H Plastics, Inc. v. Carolite, Inc.Court of Appeals for the Ninth Circuit · 1969
- Saxony Products, Inc. v. Guerlain, Inc.Court of Appeals for the Ninth Circuit · 1975
16 more not listed; retrieve them via the Exa API.