Avenarius v. Kornely
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This action was brought, to restrain the alleged unlawful use of the plaintiff’s trade-mark or'trade-name “Carbolin■eum.” The court below sustained the plaintiff’s claim and rendered an interlocutory judgment enjoining the defendant from selling his goods under the plaintiff’s trade-mark or trade-name “Carbolineum” or any word in imitation thereof.
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Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This action was brought, to restrain the alleged unlawful use of the plaintiff’s trade-mark or'trade-name “Carbolin■eum.” The court below sustained the plaintiff’s claim and rendered an interlocutory judgment enjoining the defendant from selling his goods under the plaintiff’s trade-mark or trade-name “Carbolineum” or any word in imitation thereof. The appeal in this action is from such interlocutory judgment. The court below found as follows: (1) That said plaintiff is- now, and was at all the…
1Opinion of the CourtEerwin, J.
The findings of the trial court above set out give a sufficient statement of the material facts in the case. Findings 8, 10, 13, 15, 18, and 19 are attacked for want of evidence to support them. We think the findings challenged are well supported by the evidence and shall spend no time upon that point. It is also claimed that the ninth finding is inconsistent, since it finds that the word “Carbolineum” was-intended as a trade-mark and also a specific name and designation for a commodity, and that the word cannot serve-the double purpose of a trade-name and also the name of the-compound. It is…
2Cases cited34 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- The Apollon.Supreme Court of the United States · 1824
29 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Enders Razor Co. v. Christy Co.Court of Appeals for the Sixth Circuit · 1936
- Riverbank Laboratories v. Hardwood Products Corp.District Court, N.D. Illinois · 1958
- Buffalo Specialty Co. v. Van CleefCourt of Appeals for the Seventh Circuit · 1915
- Wisconsin White Lily Butter Co. v. SaferWisconsin Supreme Court · 1923
- Frank W. Whitcher Co. v. SneiersonDistrict Court, D. Massachusetts · 1913