Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.
Supreme Court of the United States
.CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE FIFTH CIRCUIT. The case is stated in the opinion.
1Opinion of the CourtJustice Holmes
This is a bill in equity brought to restrain the use of a .trade-mark alleged to infringe the plaintiff’s or at least to be used in a way that is calculated to deceive, and unfairly to interfere with the plaintiff’s good will. Both Courts have found for the defendant, 241 Fed. Rep. 817, 154 C. C. A. 519, so that the only question that we shall consider is whether upon inspection it can be said as matter of law -that the admitted acts of the defendant are a wrong of which the plaintiff can complain.
Both parties sell beer in brown bottles with brown labels and the plaintiff conceded belów and…
2Cases cited2 opinions
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Court of Appeals for the Fifth Circuit · 1917
3Cited by50 opinions
- Avrick v. Rockmont Envelope Co.Court of Appeals for the Tenth Circuit · 1946
- Beech-Nut Packing Co. v. P. Lorillard Co.Supreme Court of the United States · 1927
- Dwinell-Wright Co. v. National Fruit Product Co.Court of Appeals for the First Circuit · 1944
- National Van Lines, a Corporation v. Alfred E. Dean, Trading Under the Firm Name of National Transfer & Storage Co.Court of Appeals for the Ninth Circuit · 1956
- Beech-Nut, Inc. v. Warner-Lambert CompanyCourt of Appeals for the Second Circuit · 1973
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