Russia Cement Co. v. LePage
Massachusetts Supreme Judicial Court
Bill in equity, filed September 16, 1886, to enjoin the defendant from using as trade-marks the words “ LePage’s Liquid Glue ” and “ LePage’s Improved Liquid Glue,” and from doing business under the style of “ LePage’s Liquid Glue Co.” At tbe hearing before Gardner, J., there was evidence tending to prove the following facts.
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Bill in equity, filed September 16, 1886, to enjoin the defendant from using as trade-marks the words “ LePage’s Liquid Glue ” and “ LePage’s Improved Liquid Glue,” and from doing business under the style of “ LePage’s Liquid Glue Co.” At tbe hearing before Gardner, J., there was evidence tending to prove the following facts. About January 1, 1880, the defendant and one Brooks, co-partners, doing business under the name of the Russia Cement Company, began to manufacture and sell glues. They made a heavy glue, designated “ Russia Cement,” and a class of light glues; and in that month, in…
1Opinion of the CourtDeyens, J.
The plaintiff and the defendant are manufacturers of liquid glue, and the defendant, whose name is LePage, uses the same name as that used by the plaintiff to describe his glue, and by which to advertise it, except that he introduces therein the word “ improved.” The introduction of this word into the name of the article manufactured by him does not justify its'use, if in other respects the plaintiff has just ground to object to it. Sebastian on Trade-Marks, 52. Frazer v. Frazer Lubricator Co. 18 Bradw. (Ill.) 450, 462. Gillis v. Hall, 2 Brewst. 342.
A person cannot make a trade-mark of his…
2Cases cited8 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
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3Cited by61 opinions
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- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Royal Baking Powder Co. v. RoyalCourt of Appeals for the Sixth Circuit · 1903
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