Carroll v. Duluth Superior Milling Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Minnesota; Page Morris, Judge. Suit in equity by Peter F. Carroll and Edwin R. Freeman, partners as Henry Koper & Co., against the Duluth Superior Milling Company. Decree for defendant, and complainants appeal.
1Opinion of the Court
CAREAND, Circuit Judge.
Appellants brought this action to restrain appellee from unlawful competition in business and for damages. The alleged unlawful competition is the use by appellee in the manufacture and sale of flour of a trade-mark known as “Freeman’s Superlative,” of which appellants claim to be the owners. Ap-pellee admits the use of the trade-mark, but alleges that it is the owner thereof. The question to be decided, therefore, is one of title. The trial court dismissed appellants’ bill. The facts which must- determine the question involved are substantially as follows:
In 1876 a…
2Cases cited14 opinions
- Borden Ice Cream Co. v. Borden's Condensed Milk Co.Court of Appeals for the Seventh Circuit · 1912
- Hanover Star Milling Co. v. Allen & Wheeler Co.Court of Appeals for the Seventh Circuit · 1913
- Corning Glass Works v. Corning Cut Glass Co.New York Court of Appeals · 1910
- Sartor v. SchadenSupreme Court of Iowa · 1904
- Falk v. . American West Indies Trading Co.New York Court of Appeals · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States Ozone Co. v. United States Ozone Co. of AmericaCourt of Appeals for the Seventh Circuit · 1932
- Pepsico, Inc. v. The Grapette Company, Inc., and Grapette-Aristocrat, Inc.Court of Appeals for the Eighth Circuit · 1969
- Goodman v. Motor Products Corp.Appellate Court of Illinois · 1956
- Churchill Downs Distilling Co. v. Churchill Downs, Inc.Court of Appeals of Kentucky (pre-1976) · 1936
- Atlas Beverage Co. v. Minneapolis Brewing Co.Court of Appeals for the Eighth Circuit · 1940
9 more not listed; retrieve them via the Exa API.