Sears, Roebuck & Co. v. Elliott Varnish Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Arthur L. Sanborn, Judge. _ _ Suit'in equity by the Elliott Varnish Company against Sears, Roebuck & Co. Decree for complainant, and defendant appeals. Eor opinion below, see 221 Fed. 797.
1Opinion of the Court
ANDERSON, District Judge.
For several years prior to 1909 ap-pellee was engaged in the manufacture of paints. As early as 1902 or 1903 it manufactured and sold a roof paint which was adapted to stop leaks in roofs. About that time the name.“Roof Leak” was used on labels on the paint and it was extensively advertised by that name. *589In 1905 appellee registered the words “Roof Leak” as its trade-mark and continued to sell to the trade its roof paint under that name.
The appellant is a mail order house. It sells goods by catalogue and delivers them by mail, express, or freight. It must sell at a…
2Cases cited3 opinions
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
- S. R. Feil Co. v. John E. Robbins Co.Court of Appeals for the Seventh Circuit · 1915
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- Fawcett Publications, Inc. v. Popular Mechanics Co.Court of Appeals for the Third Circuit · 1935
- Turner & Seymour Mfg. Co. v. A. & J. MFG. CO.Court of Appeals for the Second Circuit · 1927
- Coca-Cola Co. v. Carlisle Bottling WorksDistrict Court, E.D. Kentucky · 1929
- Glenmore Distilleries Co. v. National Distillers Products Corp.Court of Appeals for the Fourth Circuit · 1939
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