City of Carlsbad v. Kutnow
U.S. Circuit Court for the District of Southern New York
This was a bill in equity by the city of Carlsbad and others against Hermann Kutnow and others for an infringement of the trade-mark or trade-name “Carlsbad Sprudel Salts.”
1Opinion of the Court
WHEELEE, District Judge.
The Carlsbad springs appear to be owned by, and wholly within the control of, the city of Carlsbad, in Bohemia; and the waters of them, for many years, to ha,ve been evaporated into salts of highly medicinal qualities, in crystals and powder, well known for their curative properties, everywhere, as “Carlsbad Sprudel Salz.” This bill is brought to restrain the defendants, who are dealers in drugs and medicines in New York, from further using the words, “Improved Effervescent Carlsbad Powder,” in selling other salts of similar appearance and properties, and for an…
2Cases cited4 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Von Mumm v. FrashU.S. Circuit Court for the District of Eastern New York · 1893
- Improved Fig Syrup Co. v. California Fig Syrup Co.Court of Appeals for the Ninth Circuit · 1893
3Cited by7 opinions
- Otokoyama Co. v. Wine of Japan Import, Inc.Court of Appeals for the Second Circuit · 1999
- George W. Luft Co. v. Zande Cosmetic Co.Court of Appeals for the Second Circuit · 1944
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- City of Carlsbad v. KutnowCourt of Appeals for the Second Circuit · 1895
- Black Hills Jewelry Manufacturing Co. v. LaBelle'sDistrict Court, D. South Dakota · 1980
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