California Fig Syrup Co. v. Frederick Stearns & Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court o£ the United States for the Eastern District of Michigan. This is an appeal from a decree of the circuit court for the Eastern district of Michigan dismissing a bill in equity brought by the California Ifig Syrup Company, a corporation of the state of Nevada, against Frederick Stearns & Company, a corporation of the state of Michigan, to enjoin the defendant from infringing that which complainant claims to be its trade-mark property in the name…
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Appeal from the Circuit Court o£ the United States for the Eastern District of Michigan. This is an appeal from a decree of the circuit court for the Eastern district of Michigan dismissing a bill in equity brought by the California Ifig Syrup Company, a corporation of the state of Nevada, against Frederick Stearns & Company, a corporation of the state of Michigan, to enjoin the defendant from infringing that which complainant claims to be its trade-mark property in the name “Syrup of Figs” or “Fig Syrup,” to designate a liquid laxative medicine. The ground upon which the circuit court…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). Counsel for the appellee contends that the decree of the court below must be sustained on two grounds: First, that the complainant and appellant cannot appropriate as a trade-mark the term “Syrup of Figs,” because it is a descriptive term, and relates to the composition of the article which it is used to designate; and, second, that the complainant cannot have relief in a court of equity, because, in using the name to' designate the preparation which it sells, it is guilty of a distinct misrepresentation to the public, which has a tendency to mislead the…
2Cases cited13 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- 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
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
- Leo Feist, Inc. v. YoungCourt of Appeals for the Seventh Circuit · 1943
- Nashville Syrup Co. v. Coca Cola Co.Court of Appeals for the Sixth Circuit · 1914
12 more not listed; retrieve them via the Exa API.