Insurance Oil Tank Co. v. Scott
Supreme Court of Louisiana
APPEAL from the Fourth District Court for the parish of Orleans. Houston, J. ¡First — “The leading principle of the law of trade-marks is, that the manufacturer or merchant who has produced or brought into market an article of use or consumption that has found favor with the public, and who, by affixing to it some name, device or symbol, which serves to distinguish it as his, and to distinguish it from all others, has furnished his individual guaranty,,oí its value, shall…
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APPEAL from the Fourth District Court for the parish of Orleans. Houston, J. ¡First — “The leading principle of the law of trade-marks is, that the manufacturer or merchant who has produced or brought into market an article of use or consumption that has found favor with the public, and who, by affixing to it some name, device or symbol, which serves to distinguish it as his, and to distinguish it from all others, has furnished his individual guaranty,,oí its value, shall receive the reward of his skill, and shall not he deprived thereof by infringement or imitation.” 24 An. p. 96; Upton on…
1Opinion of the Court
*949The opinion of the Court was delivered by
Fenner, J.
The evidence establishes that, prior to 1873, most of the illuminating oils produced from petroleum, then in the market, were of low fire-test, and consequently inflammable, and also generated vapors which, in certain combinations with atmospheric air, liable to take place, became explosive and frequently caused destruction to life and property. Other oils, then in use, not inflammable or explosive, were deficient in illuminating or other qualities requisite to fit them for domestic use in ordinary lamps.
There existed an urgent public demand…
2Cases cited6 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Filley v. FassettSupreme Court of Missouri · 1869
- Meriden Britannia Co. v. ParkerSupreme Court of Connecticut · 1872
- Gates v. GoodloeSupreme Court of the United States · 1880
- Congress and Empire Spring Co. v. High Rock Congress Spring Co.New York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- C. F. Simmons Medicine Co. v. Mansfield Drug Co.Tennessee Supreme Court · 1893
- Jeanerette Rice & Milling Co. v. DurocherSupreme Court of Louisiana · 1909
- Hygeia Distilled Water Co. v. Hygeia Ice Co.Supreme Court of Connecticut · 1898
- Kyle v. Perfection Mattress Co.Supreme Court of Alabama · 1899
- State v. BishopSupreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.