Tarrant v. Hoff
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal by the defendant from a decree of the circuit court, Southern district of New Yorfc, enjoining defendant from using, the words “Hoff’s Malt Extract” on its labels or advertisements, unless preceded by the name “Leopold.” The circuit court refused any further relief to complainant, and directed the decree to be entered without costs.
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Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal by the defendant from a decree of the circuit court, Southern district of New Yorfc, enjoining defendant from using, the words “Hoff’s Malt Extract” on its labels or advertisements, unless preceded by the name “Leopold.” The circuit court refused any further relief to complainant, and directed the decree to be entered without costs. In such disposition of the case complainant acquiesced, and it has taken no app'eal. Both parties are corporations. The opinion of the circuit court in the…
1Per curiam
In affirming this decree it does not seem necessary to add anything to the discussion of the law and the facts contained in the opinion of the circuit court. The proposition contended for, that a person has a right to use his own name in his business, was fully accepted by that court, and nothing in the decree prevents' Leopold Hoff from selling as his own the malt' extract which he makes and disposes of in this country through the defendant corporation as his selling agent. Upon the argument in this court, defendant’s counsel conceded the correctness of the first proposition set forth in the…
2Cited by13 opinions
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- W. A. Gaines & Co. v. Turner-Looker Co.Court of Appeals for the Sixth Circuit · 1913
- Buzby v. DavisCourt of Appeals for the Eighth Circuit · 1906
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