Legal Opinion

William Wrigley, Jr., & Co. v. Grove Co.

Court of Appeals for the Second Circuit

Decided November 14, 1910No. 148PublishedCited by 11 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by William Wrigley, Jr., & Co. against the Grove Company, Samuel Grove, J r., Charles E. Blauvelt,. and Simon S. Schiener. Decree for complainant, and defendants appeal. The decree of the Circuit Court granted an injunction and an accounting. The decree restrains the use of the word “Spearmint,” holding it to be a valid trade-mark for chewing gum.

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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by William Wrigley, Jr., & Co. against the Grove Company, Samuel Grove, J r., Charles E. Blauvelt,. and Simon S. Schiener. Decree for complainant, and defendants appeal. The decree of the Circuit Court granted an injunction and an accounting. The decree restrains the use of the word “Spearmint,” holding it to be a valid trade-mark for chewing gum. It also finds the defendants guilty of unfair trade in imitating the wrappers, labels and coverings of the packages used by the complainant and…

1Opinion of the Court

COXE, Circuit Judge.

The right to make and sell chewing gum out of ingredients not deleterious to health and to flavor it with wintergreen, vanilla, strawberry, pineapple, spearmint or any other flavoring material, is inherent in every citizen, whether a corporation or an individual. Having a right to make and sell gum, it follows, as a necessary corollary, that he has the right to describe it. The flavor is a very important factor, regarding which the public desires to be informed and which the seller has a clear right to communicate, if, indeed, he is not under obligation to do so. If his…

2Cases cited1 opinion

  1. Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910

3Cited by11 opinions

  1. Gold Dust Corporation v. HoffenbergCourt of Appeals for the Second Circuit · 1937
  2. Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
  3. A.J. Canfield Co. v. Vess Beverages, Inc.District Court, N.D. Illinois · 1985
  4. Hercules Powder Co. v. NewtonCourt of Appeals for the Second Circuit · 1920
  5. H. E. Winterton Gum Co. v. Autosales Gum & Chocolate Co.Court of Appeals for the Sixth Circuit · 1914

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