Legal Opinion

McCann v. Anthony

Missouri Court of Appeals

Decided February 23, 1886PublishedCited by 8 opinions

Appeal from the Greene County Circuit Court, W. F. Geigeb, Judge. Courts ■of equity will, with great jealousy, protect a manufacturer or trader from unlawful competition in his business, and will override all technicalities to reach justice in a particular case. Ayres v. Meikle & Co., Pat. Off. Gaz. June 3, 1884, 1027; Williams v. Johnson, 2 Bosw. 1 Wamsutta Mills v. Allen, Cox’ s Manual, No. 660; Harrison v. Taylor, 11 Jur.

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Appeal from the Greene County Circuit Court, W. F. Geigeb, Judge. Courts ■of equity will, with great jealousy, protect a manufacturer or trader from unlawful competition in his business, and will override all technicalities to reach justice in a particular case. Ayres v. Meikle & Co., Pat. Off. Gaz. June 3, 1884, 1027; Williams v. Johnson, 2 Bosw. 1 Wamsutta Mills v. Allen, Cox’ s Manual, No. 660; Harrison v. Taylor, 11 Jur. (N. S.) 408; Morgan v. Schwackhoffer; Gambel v. Stephenson, 10 Mo. App. 581. The principle of Perry v. Truefitt (6 Beav. 66-73), that no one has a right to put off his…

1Opinion of the CourtThompson, J.

This is a suit in equity to enjoin a colorable imitation of a label, by which the plaintiffs have long, marked an article of smoking tobacco of their manufacture, called “Old Coon Smoking Tobacco,” which has acquired a valuable reputation in the market. This label is in form, size and color substantially as follows:

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The plaintiffs have used this label continuously since the year 1874, and have built up a large trade in this brand of tobacco. Their business has always been carried on at Springfield, Missouri. The defendant has also been engaged in manufacturing smoking tobacco at Springfield,…

2Cases cited3 opinions

  1. Filley v. FassettSupreme Court of Missouri · 1869
  2. Sanders v. JacobMissouri Court of Appeals · 1885
  3. Conrad v. Joseph Uhrig Brewing Co.Missouri Court of Appeals · 1880

3Cited by8 opinions

  1. Esso, Inc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1938
  2. Creswill v. Grand Lodge Knights of PythiasSupreme Court of Georgia · 1910
  3. Emory v. Grand United Order of Odd FellowsSupreme Court of Georgia · 1913
  4. Missouri Federation of the Blind v. National Federation of the Blind of Missouri, Inc.Missouri Court of Appeals · 1973
  5. Joseph S. Baum Mercantile Co. v. LevinMissouri Court of Appeals · 1915

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