Meyer v. Dr. B. L. Bull Vegetable Medicine Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. In Equity. Bill by Adolph Carl Meyer against the Dr. B. L. Bull Vegetable Medicine Company to enjoin the use of certain trademarks and trade-names, and for an accounting. There was a decree for the complainant, but the decree was not as broad as the prayer of the bill. Complainant appeals.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. In Equity. Bill by Adolph Carl Meyer against the Dr. B. L. Bull Vegetable Medicine Company to enjoin the use of certain trademarks and trade-names, and for an accounting. There was a decree for the complainant, but the decree was not as broad as the prayer of the bill. Complainant appeals. Statement by WOODS, Circuit Judge: The appellant asks us to extend the scope of the decree granted him by the circuit court. The nature of the action .is sufficiently shown by the decree entered, whereby it was found…
1Opinion of the Court
WOODS, Circuit Judge,
(after stating the facts.) Our conclusion is that the appellant’s motion for a modification of the sixth para-, graph of the decree should have been sustained. As it is, the respondent is restrained from using the words, “Dr. Bull’s Cough Syrup,” and other forms of expression containing those words, “upon any label or wrappers for boxes or any packages of cough syrup resembling or in imitation of the labels or wrappers or trademarks of the complainant,” but not from using the words upon labels or wrappers of any style which could not be said to resemble or be in imitation…
2Cases cited4 opinions
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Koehler v. . SandersNew York Court of Appeals · 1890
3Cited by28 opinions
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Royal Baking Powder Co. v. RoyalCourt of Appeals for the Sixth Circuit · 1903
- Peck Bros. & Co. v. Peck Bros.Court of Appeals for the Seventh Circuit · 1902
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