Centaur Co. v. Hughes Bros. Mfg.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Texas. Suit in equity by the Centaur Company against the Hughes Bros. Manufacturing Company for unfair trade, in imitating complainant. bottles and labels. An application for a preliminary injunction was denied, and complainant appeals.
1DissentPardee, Circuit Judge
While I agree with the conclusions reached in Centaur Co. v. Neathery, 91 Fed. 891, and in Centaur Co. v. Reinecke, Id. 1001, just decided, I am constrained to dissent fropa the opinion and decree in this case. In my opinion, the case made against Hughes Bros. Manufacturing Company is not sufficiently full] and explicit to warrant an injunction pendente lite. The case shows that Hughes Bros. have not servilely imitated the label and wrapper used by the Centaur Company, but, on the contrary, have varied; from the same enough to show to the ordinary observer that the preparation offered by them…
2Cases cited1 opinion
- Centaur Co. v. NeatheryCourt of Appeals for the Fifth Circuit · 1893