Legal Opinion

Jacoway v. Young

Court of Appeals for the Eighth Circuit

Decided November 16, 1915No. 4434PublishedCited by 9 opinions

Appeal from the District Court of the United States for the District of Colorado; John A. Riner, Judge. Suit by Duncan L. Jacoway against Charles A. Young and others. From a decree dismissing the bill, complainant appeals.

1Opinion of the Court

VAN VARKENBURGH, District Judge.

This is a bill to restrain infringement of trade-mark and for accounting. The court below heldv that the action complained of did not constitute infringement, and entered a decree dismissing the bill.

The trade-mark involved concerns smoking tobacco, and is registered as “Old Smoke House.” This mark, as disclosed by the appli-' cation and statement filed in the United States Patent Office, is designed to be applied or affixed to the goods or to the packages, boxes, or receptacles containing the same, etc., and is intended to stamp the goods put out by…

2Cases cited5 opinions

  1. White v. EwingSupreme Court of the United States · 1895
  2. Tetlow v. TappanU.S. Circuit Court for the District of Southern New York · 1898
  3. T. B. Woods Sons Co. v. Valley Iron WorksU.S. Circuit Court for the District of Middle Pennsylvania · 1909
  4. Ross v. H. S. Geer Co.U.S. Circuit Court for the District of Northern New York · 1911
  5. Hobbs Mfg. Co. v. GoodingU.S. Circuit Court for the District of Massachusetts · 1908

3Cited by9 opinions

  1. The Children's Bootery v. SutkerSupreme Court of Florida · 1926
  2. Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
  3. Wrist-Rocket Manufacturing Co., Inc. v. SaundersDistrict Court, D. Nebraska · 1974
  4. Stark v. Stark Bros. Nurseries & Orchards Co.Court of Appeals for the Eighth Circuit · 1919
  5. Smith v. YostIndiana Court of Appeals · 1919

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