Low v. Fels
United States Circuit Court
In Equity. Bill for infringement of trade-mark. On bill, answer, and proofs. Alfred Low and Robert ILaydon, of London, England, trading as Low, Son & Haydon, filed a bill against Joseph Pels, trading as Pels & Go., averring that they and their predecessors were, and had been for a long time, manufacturers of soaps and perfumery, especially of a certain soap known as “Brown Windsor Soap,” distinguished and recognized by certain well-known marks, stamps, and labels, the…
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In Equity. Bill for infringement of trade-mark. On bill, answer, and proofs. Alfred Low and Robert ILaydon, of London, England, trading as Low, Son & Haydon, filed a bill against Joseph Pels, trading as Pels & Go., averring that they and their predecessors were, and had been for a long time, manufacturers of soaps and perfumery, especially of a certain soap known as “Brown Windsor Soap,” distinguished and recognized by certain well-known marks, stamps, and labels, the property of complainants; that said soap had attained a great reputation by reason of its superior quality, and was…
1Opinion of the CourtJButijsr, J.
The complainants are not entitled to an account. For nearly four years prior to the date of suit they had notice that their trade-mark was in. common use by dealers in soaps in this country, and *363did nothing to prevent it until about the time of filing this bill. The respondent’s acts complained of fall within the interval specified. Furthermore, such use had been practiced by all the principal dealers in soaps here for nearly 20 years prior to the date of suit: and the complainants, dealing in the markets of this country, as they were, should he presumed to have knowledge of this fact. If…
2Cited by5 opinions
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Scotton v. WrightCourt of Chancery of Delaware · 1922
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.U.S. Circuit Court for the District of Oregon · 1901
- Gorham Mfg. Co. v. SchmidtDistrict Court, S.D. New York · 1912
- Gorham Mfg. Co. v. Di SalvoDistrict Court, S.D. New York · 1912