Bulte v. Igleheart Bros.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. In April, 1900, the appellant and one Herman J. Meyer, copartners as Meyer & Bulte, filed their bill in the court below to restrain alleged infringement of a trade-mark for flour, and also to restrain unfair competition in trade.
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Appeal from the Circuit Court of the United States for the District of Indiana. In April, 1900, the appellant and one Herman J. Meyer, copartners as Meyer & Bulte, filed their bill in the court below to restrain alleged infringement of a trade-mark for flour, and also to restrain unfair competition in trade. By a supplemental bill filed by Bulte as sole complainant March 4, 1901, it is stated that on July 1, 1900, Meyer transferred his interest in the business, his trade-márk and good will, to Bulte, who holds the right thereto, and to all rights of action for past infringement. The original…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). We might properly dismiss this appeal for the nonjoinder therein of Herman J. Meyer, co-complainant with August J. Bulte. The supplemental bill asserts the transfer by Meyer of all his interest in the business of Meyer & Bulte, and that Bulte is the sole party interested in the subject-matter. The master finds that Meyer still retains an interest in this suit, and the record of the transfer contains this provision:
“In view of the litigation now pending on the White Swan brand, it is specially agreed that Herman J. Meyer will assume half the cost and expense…
2Cases cited9 opinions
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Neale v. NealesSupreme Court of the United States · 1870
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Independent Baking Powder Co. v. BoormanDistrict Court, D. New Jersey · 1910
- Dietz v. Horton Mfg. Co.Court of Appeals for the Sixth Circuit · 1909
- Electric Management & Engineering Corp. v. United Power & Light Corp.Court of Appeals for the Eighth Circuit · 1927
- Carroll v. Duluth Superior Milling Co.Court of Appeals for the Eighth Circuit · 1916
12 more not listed; retrieve them via the Exa API.