Thomas J. Carroll & Son Co. v. McIlvaine & Baldwin
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New Fork. Suit in equity by Thomas J. Carroll & Son Company against Mc-Jlvaitie & Baldwin, a corporation. Decree (171 Fed. 125) for de- fendant, and complainant appeals.
1Opinion of the Court
EACOMBE, Circuit Judge.
About 10 years ago the predecessors of the parties to this suit were engaged in the sale of whisky; one of them in Baltimore, and the others in New York. Each of them denominated a blend of whisky in which he dealt “Baltimore Club,” and his whisky became known among his customers by that name. We are satisfied that neither appropriated the other’s name. There is nothing surprising in the circumstance that it occurred to two different persons at about the same time that “Baltimore Club” might be an appropriate and attractive brand for-a good grade of whisky. The question…
2Cases cited4 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- German Savings Bank v. Franklin CountySupreme Court of the United States · 1888
- Saxlehner v. NielsenSupreme Court of the United States · 1900
3Cited by23 opinions
- Cuban Cigar Brands N. v. v. Upmann International, Inc.District Court, S.D. New York · 1978
- France Milling Co. v. Washburn-Crosby Co.Court of Appeals for the Second Circuit · 1925
- Dwinell-Wright Co. v. White House Milk Co.Court of Appeals for the Second Circuit · 1943
- Charles Broadway Rouss, Inc. v. Winchester Co.Court of Appeals for the Second Circuit · 1924
- Gillette Company v. Ed Pinaud, Inc.District Court, S.D. New York · 1959
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