Improved Fig Syrup Co. v. California Fig Syrup Co.
Court of Appeals for the Ninth Circuit
Appeal from tire Circuit Court of the United States for the Northern District of California. In Equity. Suit by the California Mg Syrup Company against the Improved Fig Syrup Company and others to enjoin the infringement of a trade-mark. A demurrer to the bill was overruled, (51 Fed. Rep. 296,) and the circuit court subsequently made an order continuing a temporary restraining order against defendants. Defendants appeal.
1Opinion of the Court
BEATTY, District Judge.
This is an appeal from an order of the circuit court of the northern district of California, continuing a temporary restraining order against appellants pendente lite. It appears from the complaint that the appellee for a number of years last past has been engaged in the manufacture and sale of a liquid medical preparation, designated by it as “Syrup of Figs;” that such designation has been pressed upon the bottles containing the preparation, and printed upon the paper boxes containing the bottles, and that, through such and other means during a long course of trade,…
2Cases cited4 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
3Cited by12 opinions
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- California Fig Syrup Co. v. Frederick Stearns & Co.Court of Appeals for the Sixth Circuit · 1896
- City of Carlsbad v. KutnowU.S. Circuit Court for the District of Southern New York · 1895
- California Fig Syrup Co. v. StearnsU.S. Circuit Court for the District of Eastern Michigan · 1895
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