Legal Opinion

Waukesha Hygeia Mineral Springs Co. v. Hygeia Sparkling Distilled Water Co.

Court of Appeals for the Seventh Circuit

Decided October 1, 1894No. 116PublishedCited by 20 opinions

Appeal from the Circuit Court of the United States for the Northern District of Illinois. Suit for injunction by the Hygeia Sparkling Distilled Water Company against the Waukesha Hygeia Mineral Springs Company. Complainant obtained a decree. Defendant appeals. The appellee, Hygeia Sparkling Distilled Water Company, filed its bill in equity for an injunction restraining the appellant, Waukesha Hygeia Mineral.

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Appeal from the Circuit Court of the United States for the Northern District of Illinois. Suit for injunction by the Hygeia Sparkling Distilled Water Company against the Waukesha Hygeia Mineral Springs Company. Complainant obtained a decree. Defendant appeals. The appellee, Hygeia Sparkling Distilled Water Company, filed its bill in equity for an injunction restraining the appellant, Waukesha Hygeia Mineral. Springs Company, from using the word “Hygeia” as a trade-mark or name for drinking waters, except in the way specified in a contract entered into August 20, 1886, between the appellee and…

1Opinion of the CourtSeaman, District Judge

(after stating the facts). The complainant, Hygeia Sparkling Distilled Water Company, seeks to restrain the Waukesha Hygeia Mineral Springs Company from use of the word “Hygeia” as a trade-name for its waters otherwise than specified in a contract entered into August 20, 1886, between complainant and defendant’s predecessors. The defendant (appellant here) seeks to ignore or avoid that'contract, and claims prior appropriation of the word, as the distinguishing name of its waters, and prays, by cross bill, for an injunction restraining the complainan t from using the Avord in its corporate…

2Cases cited2 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872

3Cited by20 opinions

  1. Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
  2. E. F. Prichard Co. v. Consumers Brewing Co.Court of Appeals for the Sixth Circuit · 1943
  3. California Fruit Growers Exchange v. Windsor Beverages, Ltd.Court of Appeals for the Seventh Circuit · 1941
  4. California Packing Corp. v. Sun-Maid Raisin Growers of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
  5. Consolidated Ice Co. v. Hygeia Distilled Water Co.Court of Appeals for the Third Circuit · 1907

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