Sterling Remedy Co. v. Eureka Chemical & Manufacturing Co.
Court of Appeals for the Seventh Circuit
Appeal from the 'Circuit Court of the United States for the Western-District of Wisconsin. The Sterling Remedy Company, the appellant, filed its bill against the Eureka Chemical & Manufacturing Company to restrain the alleged infringement of a trade-mark, and also upon the ground of unfair competition in trade. The appellant manufactures and deals in a so-called remedy or cure for the tobacco habit, which is sold under the trade-mark “No-To-Bae.”
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Appeal from the 'Circuit Court of the United States for the Western-District of Wisconsin. The Sterling Remedy Company, the appellant, filed its bill against the Eureka Chemical & Manufacturing Company to restrain the alleged infringement of a trade-mark, and also upon the ground of unfair competition in trade. The appellant manufactures and deals in a so-called remedy or cure for the tobacco habit, which is sold under the trade-mark “No-To-Bae.” The remedy is prepared in the form of a lozenge or tablet, and is contained in an ordinary tin tobacco box. The lozenge or tablet is round, of a…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). We entertain no doubt that the term “No-To-Bac” is an arbitrary term which may be appropriated as a trade-mark and that it has been so appropriated by the appellant here. Nor do we doubt that the term “Baco-Curo” is also an arbitrary term, which may be, and has been, appropriated by the defendant. We do not think that these terms are idem sonans, or that the one infringes the other. The test is whether the supposed infringing article is so dressed that it is likely to deceive persons of ordinary intelligence, in the exercise of the slight care ordinarily…
2Cases cited2 opinions
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1893
3Cited by12 opinions
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- G. W. Cole Co. v. American Cement & Oil Co.Court of Appeals for the Seventh Circuit · 1904
- Proctor & Gamble Co. v. Globe Refining Co.Court of Appeals for the Sixth Circuit · 1899
- Viavi Co. v. Vimedia Co.Court of Appeals for the Eighth Circuit · 1917
- Enoch Morgan's Sons Co. v. Whittier-Coburn Co.U.S. Circuit Court for the District of Northern California · 1902
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