Legal Opinion

French Republic v. Saratoga Vichy Spring Co.

Supreme Court of the United States

Decided December 7, 1903No. 53PublishedCited by 109 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill in equity brought in the Circuit Court of the United States for the Northern District of New York, by the French Republic, as owner, and La Compagnie Fermiére de l’Etablissement Thermal de Vichy, (hereinafter termed the.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill in equity brought in the Circuit Court of the United States for the Northern District of New York, by the French Republic, as owner, and La Compagnie Fermiére de l’Etablissement Thermal de Vichy, (hereinafter termed the. Vichy Company,) as lessee, of the springs of Vichy, France, against the Saratoga Vichy Spring Company, for the unlawful use of the word “Vichy/’ claimed by the plaintiffs as a com--mercial name or trade-mark, and appropriated for the waters of the defendant, which are drawn from a certain…

1Opinion of the CourtJustice Brown

This suit is brought to vindicate the right of plaintiffs to the exclusive use of the word “Vichy” as against the defendant, and incidentally as against all'persons making use of the word to denote a water not drawn from the springs of Vichy, ifow owned by the French Republic and leased to the Vichy Company.

The title of the French Republic to the springs of Vichy, a commune of France, is clearly established. Known for their medicinal qualities since the timé of the Roman Empire and originally belonging to the feudal lord of Vichy, they were sold by him in 1444, together with the castle and…

2Cases cited15 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Menendez v. HoltSupreme Court of the United States · 1888
  3. Canal Co. v. ClarkSupreme Court of the United States · 1872
  4. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  5. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900

10 more not listed; retrieve them via the Exa API.

3Cited by109 opinions

  1. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  2. Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
  3. Hot Wax, Inc. v. Turtle Wax, Inc.Court of Appeals for the Seventh Circuit · 1999
  4. Federal Trade Commission v. Algoma Lumber Co.Supreme Court of the United States · 1934
  5. Pfizer Inc. v. Government of IndiaSupreme Court of the United States · 1978

104 more not listed; retrieve them via the Exa API.

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