City of Carlsbad v. Schultz
U.S. Circuit Court for the District of Southern New York
, This is.an action to restrain the defendant’from .using the name' “Carlsbad” to designarte artificial mineral water manufactured and' sold by him, and for profits and damages. The suit was commenced;, on or about July 20, 1888.
1Opinion of the Court
COXE, District Judge.
This controversy is sui generis. It must be determined upon its own facts. Nothing exactly like it can be found in the law. The record estáblished, indisputably, the following, main propositions:
First. From the discovery of the .Carlsbad spring,. about 1870, until 1845, the waters were not exported. For five centuries the policy of the city was to keep the springs as- a close local monopoly for the purpose of attracting invalids. The waters are not used as a beverage. They are medicinal in character. and are principally, used for bathing and drinking upon the advice of a…
2Cases cited1 opinion
- McLean v. FlemingSupreme Court of the United States · 1878
3Cited by6 opinions
- Coca-Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1914
- Tustin Community Hospital, Inc. v. Santa Ana Community Hospital Ass'nCalifornia Court of Appeal · 1979
- La Republique Francaise v. SchultzU.S. Circuit Court for the District of Southern New York · 1899
- La Republique Francaise v. SchultzCourt of Appeals for the Second Circuit · 1900
- Saxlehner v. WagnerCourt of Appeals for the Sixth Circuit · 1907
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