Plant Seed Co. v. Michel Plant & Seed Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. A corporation, as well as an individual, may be enjoined from the ■use of a name where it appears that it is an unlawful infringement on the name used by or belonging to another, even if such name be its corporate name. 1 High on Injunctions, sect. 5907; Ex parte Walker, 1 Tenn.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. A corporation, as well as an individual, may be enjoined from the ■use of a name where it appears that it is an unlawful infringement on the name used by or belonging to another, even if such name be its corporate name. 1 High on Injunctions, sect. 5907; Ex parte Walker, 1 Tenn. Ch. 101 ; Holmes, etc., v. Holmes, etc., Co., 37 Conn. 279 ; Gen. ’Stat. of Conn., 1866, pp. 170,173, sects. 393, 405; Goodyear Rubber Co. v. G. R. Mf'g Co., 22 Blatch. C. C. R. 421; ‘Morawetz on Priv. Corp. [2 Ed.] sects. 354, 1064; Wallace v. Loomis,…
1Opinion of the CourtRomb alter, J.
This is a trade name case. As the judgment appealed from was rendered on demurrer, it will be necessary only to set out the amended petition and the .grounds of demurrer thereto.
The petition was as follows:
“ Plaintiff; for cause of action states that it is a private business corporation duly incorporated under and pursuant to the laws of the state of Missouri; that it was so incorporated on the-day of November, 1872, •and is located and has its chief place of business in the •city of St. Louis, state of Missouri.
££ That the defendant is likewise a corporation duly incorporated under the laws…
2Cases cited3 opinions
- Fox v. WebsterSupreme Court of Missouri · 1870
- Sanders v. JacobMissouri Court of Appeals · 1885
- Edgell v. SigersonSupreme Court of Missouri · 1855
3Cited by9 opinions
- American Brewing Co. v. St. Louis Brewing Co.Missouri Court of Appeals · 1891
- Nesne v. SundetSupreme Court of Minnesota · 1904
- Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1889
- Rickard v. Caton College Co.Supreme Court of Minnesota · 1903
- W. A. Gaines & Co. v. E. Whyte Grocery, Fruit & Wine Co.Missouri Court of Appeals · 1904
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