Siegert v. Abbott
New York Supreme Court
Appeal from special term, New York county. Action by Carlos D. Siegert, Alfredo C. Siegert, and Luis B. C. Siegert, trading as Dr. J. G-. B. Siegert & Hijos, against Cornelius W. Abbott and Cornelius F. Abbott, trading as C. W. Abbott & Co., for injunction. From a judgment restraining defendants^ from using the words “Angostura Bitters” or “Angostura” as descriptive of bitters made by them, defendant Cornelius F. Abbott appeals.
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Appeal from special term, New York county. Action by Carlos D. Siegert, Alfredo C. Siegert, and Luis B. C. Siegert, trading as Dr. J. G-. B. Siegert & Hijos, against Cornelius W. Abbott and Cornelius F. Abbott, trading as C. W. Abbott & Co., for injunction. From a judgment restraining defendants^ from using the words “Angostura Bitters” or “Angostura” as descriptive of bitters made by them, defendant Cornelius F. Abbott appeals. The court found that in the year 1824 Dr. Johannes G-. B. Siegert, then a resident of the city of Angostura, Venezuela, South America, prepared a cordial or liquor,…
1Opinion of the CourtFollett, J.
To constitute a valid trade-mark, the designation, or term applied to the article must be one which the claimant has the exclusive right to use. Canal Co. v. Clark, 13 Wall. 311. It is apparent on principle, and it is well settled by authority, that *592no one can acquire the exclusive right to use a geographical name, hr a term which denotes the nature of the article to which it is applied. Caswell v. Davis, 58 N. Y. 223; Keasbey v. Chemical Works, (Sup.) 21 N. Y. Supp. 696. The court found that the name “Angostura Bitters” was given by the Siegerts to their mixture because it was manufactured…
2Cases cited8 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Caswell v. . DavisNew York Court of Appeals · 1874
- Connell v. ReedMassachusetts Supreme Judicial Court · 1880
- Fetridge v. WellsThe Superior Court of New York City · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sterling Remedy Co. v. Eureka Chemical & Manuf'g Co.U.S. Circuit Court for the District of Western Wisconsin · 1895