Jordan Sulphur Springs & Mud Bath Sanitarium Co. v. Mudbaden Sulphur Springs Co.
Supreme Court of Minnesota
Action in the district court for Scott county to restrain defendant from using or transacting any business under the name of Mudbaden Sulphur Springs Company or any other name so similar to plaintiff’s trade-name as to mislead the public.
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Action in the district court for Scott county to restrain defendant from using or transacting any business under the name of Mudbaden Sulphur Springs Company or any other name so similar to plaintiff’s trade-name as to mislead the public. The case was tried before Morrison, J., who when the case was called for trial sustained the objection of defendants to the introduction of any testimony and granted the motion of defendants for judgment on the pleadings and dismissed the suit. From an order denying its motion for a new trial, plaintiff appealed.
1Opinion of the Court
Dibell, C.
Action to restrain the defendant from using its corporate name as a trade-name upon the ground that it unfairly infringed the prior adopted trade-name of the plaintiff. At the trial the court sustained the defendant’s objection to the introduction of testimony under the complaint and dismissed the action. The plaintiff appeals from the order denying'its motion for a new trial.
1. By prior adoption and use one does not acquire the exclusive right to use as a trade-name words properly descriptive of the business in which he is engaged; but if another, engaged in a like business,…
2Cases cited8 opinions
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Northwestern Knitting Co. v. GaronSupreme Court of Minnesota · 1910
- Dyment v. LewisSupreme Court of Iowa · 1909
- Rodseth v. Northwestern Marble WorksSupreme Court of Minnesota · 1915
- Nesne v. SundetSupreme Court of Minnesota · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boice v. StevensonArizona Supreme Court · 1947
- Brown Sheet Iron & Steel Co. v. Brown Steel Tank Co.Supreme Court of Minnesota · 1936
- Drugs Consolidated, Inc. v. Drug Inc.Court of Chancery of Delaware · 1929
- Imported Auto Parts Corp. v. R. B. Shaller & Sons, Inc.Supreme Court of Minnesota · 1977
- Minneapple Co. v. NormandinSupreme Court of Minnesota · 1983
4 more not listed; retrieve them via the Exa API.