Legal Opinion

Brower v. Boulton

U.S. Circuit Court for the District of Southern New York

Decided December 17, 1892PublishedCited by 3 opinions

In Equity. Suit by William H. Brower against William G. Boulton and others for alleged infringement of a certain trade-mark.

1Opinion of the Court

WHEELER, District Judge.

A predecessor of the plaintiff in business, good-will, and trade-marks appears to have used the words “La Venzolana” on five shipments of flour from Mew York to South America in 1873, on three in 1885, one in 1886, several in 1887, and several more, before his death, in 1888. Another predecessor appears to have used them on similar shipments in 1889, and, before his death, in 1890. The plaintiff used them on similar shipments after that, and caused them to be registered as his trade-mark Movember 17, 1891. The defendant firm has used these words much more continuously…

2Cited by3 opinions

  1. Dietz v. Horton Mfg. Co.Court of Appeals for the Sixth Circuit · 1909
  2. Everett O. Fisk & Co. v. Fisk Teachers' Agency, Inc.Court of Appeals for the Eighth Circuit · 1924
  3. Wisconsin White Lily Butter Co. v. SaferWisconsin Supreme Court · 1923

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