Charles Alff & Co. v. Radam
Texas Supreme Court
Appeal from Travis. Tried below before Hon. J. 0. Townes. This suit was brought February —, 1888, in District Court of Travis County, by Radam, the appellee, against Alff & Co., for alleged infringement of the trade mark “Microbe Killer ” used by plaintiff in his business as proprietor and dealer in a valuable medicine, by the use by defendants of the device “Microbe Destroyer” used by the defendants as a label upon a fraudulent imitation of RadanTs Microbe Killer.
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Appeal from Travis. Tried below before Hon. J. 0. Townes. This suit was brought February —, 1888, in District Court of Travis County, by Radam, the appellee, against Alff & Co., for alleged infringement of the trade mark “Microbe Killer ” used by plaintiff in his business as proprietor and dealer in a valuable medicine, by the use by defendants of the device “Microbe Destroyer” used by the defendants as a label upon a fraudulent imitation of RadanTs Microbe Killer. Suit also charged defendants with simulating the form and manner of putting up the medicine, by which persons desiring to buy…
1Opinion of the Court
ACKER, Presiding Jüdge.
—William Radam brought this suit against Charles Alff & Co., a firm composed of Charles Alff and Joe K. Heim, and against ihe members of the firm individually, to recover damages for alleged infringement of a trade mark, and for injunction restraining the defendants from using the alleged infringing trade mark.
The trial by jury resulted in a verdict for plaintiff for one cent damages, and judgment was rendered perpetuating the injunction, from which this appeal is prosecuted.
The alleged trade mark of plaintiff consisted of the words ce Microbe Killer,” used in…
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