Legal Opinion

Kronthal Waters, Ltd. v. Becker

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided April 8, 1905No. 11PublishedCited by 1 opinion

In Equity. Suit for unfair competition in trade. On demurrer to bill and motion for preliminary injunction.

1Opinion of the Court

HOLLAND, District Judge.

A bill in equity is filed and a motion for a preliminary injunction made to restrain unfair competition- in trade alleged to be carried on by the defendant in the use of a bottle and dressing for a mineral water so closely resembling that of the complainant that the imitation is a fraud not only upon complainant, but upon the public. A demurrer was filed to the bill, which was argued together with the motion for a preliminary injunction, and both questions will therefore be disposed of in this opinion.

The facts necessary to a complete understanding of both questions…

2Cases cited13 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
  3. National Biscuit Co. v. BakerU.S. Circuit Court for the District of Southern New York · 1899
  4. P. Lorillard Co. v. PeperCourt of Appeals for the Eighth Circuit · 1898
  5. Piper v. Laughman, Pennsylvania Court of Common Pleas, Philadelphia County1889

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3Cited by1 opinion

  1. Lewis v. TrinkleinMichigan Supreme Court · 1943

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