Covert v. Bernat
Missouri Court of Appeals
Appeal from Jackson Circuit Court—Hon. Herman Brumbaek, Judge. Plaintiffs brought suit against the defendants to enjoin them from using a certain electric illuminating sign, alleging that it was an infringement upon plaintiffs’ trade-mark used in different places in Kansas City, and that the two signs were so similar in appearance as to be misleading.
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Appeal from Jackson Circuit Court—Hon. Herman Brumbaek, Judge. Plaintiffs brought suit against the defendants to enjoin them from using a certain electric illuminating sign, alleging that it was an infringement upon plaintiffs’ trade-mark used in different places in Kansas City, and that the two signs were so similar in appearance as to be misleading. The" only question to be determined is whether or not under the evidence as presented to the trial court it was shown to be of such similarity as comes within the rule. The courts have laid down the following rule, as we understand it: That to…
1Opinion of the CourtEllison, J.
Plaintiffs are partners, and under the name of “Smith Shoe Repairing Company” do a general shoe mending business in Kansas City. Defendants are also partners and are engaged in the same business under the name of “Bernat Brothers.” Plaintiffs have what they term and claim to be a “trade-mark” which they claim defendants infringed upon by adopting a like device, to the deception of their customers and the hurt of their trade. They therefore instituted this action to restrain defendants from further using such similitude to their trade-mark. The trial court, on hearing the evidence in…
2Cases cited11 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Pennowfsky v. CoerverSupreme Court of Missouri · 1907
- Hilson Co. v. FosterU.S. Circuit Court for the District of Southern New York · 1897
- Wallace v. LibbySupreme Court of Missouri · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Western Stove Co. v. Geo. D. Roper CorporationDistrict Court, S.D. California · 1949