Max Levy & Co. v. Kartz

Complainant filed its bill claiming the exclusive right to the use of the word “eullet” in connection with its business and seeking to have the defendant enjoined from using this word in connection with his business. An answer and a replication were filed and upon hearing by the court it was ordered that the bill be dismissed for want of equity. Complainant appeals.

There is little controversy as to the facts. Sometime before January 1, 1895, Max Levy started his jobbing and brokerage business in broken glass and adopted the word “cullet” to describe this commodity. This word was used on his…