Grocers Journal Co. v. Midland Publishing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Eon. Wal- . ter B. Douglas, Judge. (1) Equitable jurisdiction, to restrain unfair competition, though of recent origin, is clearly established; its principles originated in the technical law of trademark, and these principles have been expanded to meet modern commercial conditions. Singer Mfg. Co. v. June Mfg. Co., 363 U. S. 169; Lawrence M'fg. Co. v. Tenn. Mfg.
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Appeal from St. Louis City Circuit Court.—Eon. Wal- . ter B. Douglas, Judge. (1) Equitable jurisdiction, to restrain unfair competition, though of recent origin, is clearly established; its principles originated in the technical law of trademark, and these principles have been expanded to meet modern commercial conditions. Singer Mfg. Co. v. June Mfg. Co., 363 U. S. 169; Lawrence M'fg. Co. v. Tenn. Mfg. Co., 138 U. S. 537; Fairbank Co. v.’ Soap Co., 102 Fed. 327; G. W. Cole Co. v. American Cement Co., 130 Fed. 703; Dennison Mfg. Co. v. Thomas Mfg. Co., 9 Fed. 651; Ohnrch and Dwight Co. v.…
1Opinion of the CourtNortoni, J.
The suit is in equity, seeking to restrain the defendant from an alleged unfair competition with the plaintiff in the publication of a trade newspaper or journal. The circuit court sustained a demurrer to the plaintiff’s bill and it appeals.
Plaintiff and defendant are each corporations engaged in the business of publishing trade journals to the grocery trade in the city of St. Louis and the territory tributary thereto. The material facts alleged in the bill are, the plaintiff now owns and publishes, and has for a number of years published its trade paper known as the “Interstate Grocer.”…
2Cases cited15 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
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3Cited by7 opinions
- Superior Gearbox Co. v. EdwardsMissouri Court of Appeals · 1993
- Dutcher v. HarkerMissouri Court of Appeals · 1964
- A. J. Reach Co. v. Simmons Hardware Co.Missouri Court of Appeals · 1911
- Joseph S. Baum Mercantile Co. v. LevinMissouri Court of Appeals · 1915
- Westminister Laundry Co. v. Hesse Envelope Co.Missouri Court of Appeals · 1913
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