Lemke v. Dietz
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. This is an action in equity to enjoin the infringement of alleged trademarks and to prevent unfair competition in trade. The defendant Dietz demurred generally to the complaint, and appeals from an order overruling the demurrer.
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Appeal from an order of the circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. This is an action in equity to enjoin the infringement of alleged trademarks and to prevent unfair competition in trade. The defendant Dietz demurred generally to the complaint, and appeals from an order overruling the demurrer. The complaint states, in substance, that on and for many years before May 1, 1883, the defendant F. A. Sabine and one A. J. Lemke were partners in business under the name of the F. A. Sabine Medicine Company, and were manufacturing numerous medicinal compounds under…
1Opinion of the Court
■ Wistslow, J.
We shall assume, for the purposes of thú. opinion, that the genuine “Sabine’s World’s Relief No. 2”' possesses all the medicinal virtues attributed to it by the complaint and the labels; that it is an instant cure for pain, as the label assures us; and that upon its introduction, in appropriate doses, into the human system, pain in the stomach, cholera, cholera morbus, colic, cramps, and similar ailments flee away. Such a remedy is surely entitled to the name “World’s Relief,” though why it should be called “World’s Relief No. 2” is difficult to understand. One feels a longing…
2Cases cited4 opinions
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Siegert v. AbbottCourt of Appeals of Maryland · 1884
- Joseph v. MacowskyCalifornia Supreme Court · 1892
- Alaska Packers' Ass'n v. Alaska Imp. Co.U.S. Circuit Court for the District of Northern California · 1894
3Cited by1 opinion
- Horlick's Malted Milk Co. v. A. Spiegel Co.Wisconsin Supreme Court · 1913