Trinidad Asphalt Mfg. Co. v. Standard Paint Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri.
1DissentSanbqrn, Circuit Judge
In 1891 the complainant commenced to manufacture a roofing to which it applied the trade-name “Ruberoid.” Its officers and agents pronounce this word “ruber-oid.” Neither this word nor the word “rubberoid” had ever been used to designate or describe this or any other roofing at that time. In 1901 the complainant registered this word “ruberoid” as its trademark. It advertised and promoted the sale of its ruberoid until its sales in the year 1904 amounted to $950,000, its roofing was known, ordered, and sold throughout the United States and foreign countries by the name “ruberoid,” and that…
2Cases cited40 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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