Shaver v. Heller & Merz Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Iowa. This is an appeal from a decree which enjoins the appellants, Isaac H. Shaver, Frederick H. Shaver, James E. Blake, and Ella Bever-Blake, co-partners as Shaver, Blake & Co., from using the brands or names “American Ball Blue” and “American Wash Blue” to palm off bluing made by parties other than the appellee, the Heller & Merz Company, a corporation, as the bluing made and sold by that…
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Appeal from the Circuit Court of the United States for the Northern District of Iowa. This is an appeal from a decree which enjoins the appellants, Isaac H. Shaver, Frederick H. Shaver, James E. Blake, and Ella Bever-Blake, co-partners as Shaver, Blake & Co., from using the brands or names “American Ball Blue” and “American Wash Blue” to palm off bluing made by parties other than the appellee, the Heller & Merz Company, a corporation, as the bluing made and sold by that corporation. 102 Fed. 882. The chief objection assigned to the decree is that it forbids the appellants to use the word…
1Opinion of the CourtSanborn, Circuit Judge
May a court of equity lawfully enjoin one from using the word “American” to sell the goods of one manufacturer as those of another to the damage of the latter and the deceit of the purchasers? This is the real issue which this case presents. It arises out of this state of facts: The appellee is a corporation which succeeded in 1889 to the business of manufacturing and selling bluing which had been established in the state of New Jersey by Heller & Merz in 1869. In 1872 the predecessors of the appellee put upon the market bluing of their manufacture in small round balls under the name…
2Cases cited42 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
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3Cited by75 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Del Monte Special Food Co. v. California Packing CorporationCourt of Appeals for the Ninth Circuit · 1929
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Esso, Inc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1938
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