Wisconsin White Lily Butter Co. v. Safer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. The appeal is from a judgment dismissing the plaintiff’s complaint. Action for an injunction to prevent the defendant from using a certain trade-ma.rk claimed by the plaintiff. The case was tried before the court, which made findings of fact and conclusions of law, and thereupon entered judgment dismissing the plaintiff’s complaint. The plaintiff appeals.
1Opinion of the CourtCrownhart, J.
' It appears to be undisputed that one John E. Boettscher and his father before him used the trademark “White Lily Brand” for wrappers on print butter sold by them to the trade in Milwaukee and elsewhere in 1895, and that they continued to use such trade-mark up until the year 1913, when they abandoned it and went out of business. Thereupon S. Leshin adopted said trade-mark in good faith and used the same for wrappers on print butter sold to the trade in Milwaukee, continuously from 1913 until March 18, 1922. At that time Mr. Leshin sold his butter business, together with the good will…
2Cases cited6 opinions
- O'Rourke v. Central City Soap Co.U.S. Circuit Court for the District of Eastern Michigan · 1885
- Rodseth v. Northwestern Marble WorksSupreme Court of Minnesota · 1915
- Detroit Creamery Co. v. Velvet Brand Ice Cream Co.Michigan Supreme Court · 1915
- Avenarius v. KornelyWisconsin Supreme Court · 1909
- Brower v. BoultonU.S. Circuit Court for the District of Southern New York · 1892
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3Cited by2 opinions
- Adam Hat Stores, Inc. v. ScherperDistrict Court, E.D. Wisconsin · 1942
- Selchow & Righter Co. v. Western Printing & Lithographing Co.District Court, E.D. Wisconsin · 1939