Pillsbury v. Pillsbury Washburn Flour Mills Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a bill in equity, brought by the Pillsbury-Washburn Flour Mills Company, Limited, against L. F. Pillsbury and Ephraim Hewitt, to restrain the use by defendants of a mark or brand alleged to be a fraudulent imitation of complainant’s brand. The circuit court made an order granting to complainant a preliminary injunction. Defendants appeal.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a bill in equity, brought by the Pillsbury-Washburn Flour Mills Company, Limited, against L. F. Pillsbury and Ephraim Hewitt, to restrain the use by defendants of a mark or brand alleged to be a fraudulent imitation of complainant’s brand. The circuit court made an order granting to complainant a preliminary injunction. Defendants appeal. This is an appeal from the order of the court, below passed on the 2d day of July, 1894, granting a writ of injunction, and the question is upon the validity…
1Opinion of the CourtJenkins, Circuit Judge
The right of appellees to relief is not rested upon any notion of light to or property in a technical trade-mark, hut upon principles applied by courts of equity in cases analogous to cases of trademarks, where the relief is afforded upon the ground of fraud, which in Turn rests upon the hypothesis that the party proceeded against had deliberately sought to deceive the public, and to defraud another by palming off his own goods as the goods of that other. The general principles by which courts are guided in such cases are well and 'correctly slated in Cement Co. v. Le Page, 147 Mass. 206,…
2Cases cited10 opinions
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Royal Baking Powder Co. v. RoyalCourt of Appeals for the Sixth Circuit · 1903
- Peck Bros. & Co. v. Peck Bros.Court of Appeals for the Seventh Circuit · 1902
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Walter Baker & Co. v. SandersCourt of Appeals for the Second Circuit · 1897
48 more not listed; retrieve them via the Exa API.