Vacuum Oil Co. v. Climax Refining Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Ohio. This is a bill to restrain infringement of an alleged trade-mark, and also-to restrain unfair competition. The trade-mark claimed consists of the figures and letter “600W,” in connection with the sale of cylinder oil, and branded’ upon the barrel heads in which such oil is sold.
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Appeal from the Circuit Court of the United States for the Northern District of Ohio. This is a bill to restrain infringement of an alleged trade-mark, and also-to restrain unfair competition. The trade-mark claimed consists of the figures and letter “600W,” in connection with the sale of cylinder oil, and branded’ upon the barrel heads in which such oil is sold. The defendant is charged with infringing by using in connection with the sale of its cylinder oil the character “600V.” The charge of unfair competition is based on the claim that complainant’s oil has become widely and favorably…
1Opinion of the CourtBurton, Circuit Judge
Oils adapted for use in the cylinder of an engine as a lubricator must be capable of enduring a high degree of heat without burning or injury to their lubricating qualities. As lubricating oils having as a base petroleum came into use in competition with animal fat oils, so long exclusively used, it became important to assure the consumers of the safety of the new lubricator at a high degree of heat.. *255It was found that a high grade of such oil ought to be able to endure 600 deg. of heat without taking fire from a flame brought into-close contact. This led to the general adoption of 600 deg.…
2Cases cited4 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Computing Scale Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1902
- Deering Harvester Co. v. Whitman & Barnes Mfg. Co.Court of Appeals for the Sixth Circuit · 1898
3Cited by14 opinions
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Covenant Radio Corporation v. Ten Eighty CorporationConnecticut Superior Court · 1977
- Speaker v. Shaler Co.Court of Appeals for the Seventh Circuit · 1937
- Autoline Oil Co. v. Indian Refining Co.District Court, D. Maryland · 1924
- Dennison Mfg. Co. v. Scharf Tag, Label & Box Co.Court of Appeals for the Sixth Circuit · 1905
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