Bergner & Engel Brewing Co. v. Koenig
Superior Court of Pennsylvania
Appeal, No. 111, Oct. T., 1905, by plaintiff, from judgment of C. P. No. 2, Pbila. Co., Dec. T., 1903, No. 4,288, for defendant on demurrer in case of Tbe Bergner and Engel Brewing Company v. Jacob Koenig. Assumpsit for penalty under tbe trade-mark Act of J une 20, 1901, P. L. 582. Demurrer to statement. Tbe opinion of tbe Superior Court states tbe case. Error assigned was tbe judgment for tbe defendant on tbe demurrer.
1Opinion of the Court
Opinion by
Henderson, J.,
By demurring to the declaration the defendant admits the material averments of fact therein contained. It is conceded, therefore, that the plaintiff was the owner of a trademark duly registered in the United States patent office and in the office of the secretary of the commonwealth and used in its business and that the defendant wrongfully and injuriously adopted an imitation thereof which he falsely represented to be the trademark of the plaintiff. The action is for the penalty provided by the Act of June 20, 1901, P. L. 582. It is not denied that the legislature has…
2Cases cited5 opinions
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- Pennsylvania Railroad v. RibletSupreme Court of Pennsylvania · 1870
- Central Railroad Co. of New Jersey v. GreenSupreme Court of Pennsylvania · 1878
- Porter v. Dawson Bridge Co.Supreme Court of Pennsylvania · 1893
- Collins v. Society for Relief of Distressed & Decayed PilotsSupreme Court of Pennsylvania · 1873
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