Sewell v. Scott.
Supreme Court of Louisiana
APPEAL from the Sixth District Court for the Parish of Orleans. Rigldor, J. Any purely arbitrary or fanciful name may be adopted as a trade-mark 5 it must not be a woidin common use. “Septoline” is, therefore, a proper and legal trade-mark. Inauy ranee Oil Tank Co. vs. Scott, 33 An. 951; Cooley on Torts, p. 362; Brown, Trade-Marks, Secs. 236, 274; Manufacturing Co. vs. Trainer, 101 IT.
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APPEAL from the Sixth District Court for the Parish of Orleans. Rigldor, J. Any purely arbitrary or fanciful name may be adopted as a trade-mark 5 it must not be a woidin common use. “Septoline” is, therefore, a proper and legal trade-mark. Inauy ranee Oil Tank Co. vs. Scott, 33 An. 951; Cooley on Torts, p. 362; Brown, Trade-Marks, Secs. 236, 274; Manufacturing Co. vs. Trainer, 101 IT. S. 53. The trade-mark protects the merchant or seller of an article. 6 Otto, 245 5 24 An. 297; Brown on Trade-Marks, Secs. 38-62. "Where there is no intention to deceive, and no motive for fraud, an injunction…
1Opinion of the Court
The opinion of the Court was delivered by
Pochk, J.
Plaintiff complains that defendant is illegally using his trade-mark, as a dealer in “ Septoline ” illuminating oil, and he brings this suit for an injunction and for damages in the sum of five thousand dollars. This appeal is taken by him from a judgment in favor of defendant.
The first defense urged below was the plea of res adjudicata, predi*554cated on a judgment rendered by the Fifth District Court of the Parish of Orleans, in a suit between the same parties and for the same cause of action, maintaining a peremptory exception of no cause of…
2Cases cited1 opinion
- Plicque & Lebeau v. PerretSupreme Court of Louisiana · 1841
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- Norah v. CrawfordSupreme Court of Louisiana · 1950
- Slattery v. Arkansas Natural Gas Co.Supreme Court of Louisiana · 1916
- Johnson v. LemonsLouisiana Court of Appeal · 1963
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