Witthaus v. Braun
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appeal in this case was taken by the complainant below, from a decree of the Circuit Court of Baltimore City, (Pinkney, J.,) dismissing his hill for an injunction. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the CourtRobinson, J.
The complainant seeks to restrain the appellees, who are manufacturers of smoking tobacco, from making use of a brand, which he alleges to have been the trade-mark of one Moses Ealk, of the City of New York, and to the exclusive use of which, he claims to he entitled as the assignee of Ealk.
The brand or trade-mark in question maybe described as follows : A label, in the centre of which is a picture of an Irish harp, with a shamrock on each side of the harp, and below it the words “Erin, go Bragh;’’ on the left of the harp the word “trade,” and on the right the word “mark;” above the harp the…
2Cited by21 opinions
- Coca-Cola Bottling Co. v. Coca-Cola Co.District Court, D. Delaware · 1920
- The Children's Bootery v. SutkerSupreme Court of Florida · 1926
- Ph. Schneider Brewing Co. v. Century Distilling Co.Court of Appeals for the Tenth Circuit · 1939
- Falk v. . American West Indies Trading Co.New York Court of Appeals · 1905
- Fish Bros. Wagon v. La Belle Wagon WorksWisconsin Supreme Court · 1892
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