Legal Opinion

R. L. Bennett & Sons v. Farmers' Seed & Gin Co.

Court of Appeals for the Fifth Circuit

Decided March 27, 1923No. 4035PublishedCited by 7 opinions

1Opinion of the Court

BRYAN, Circuit Judge.

The appellants allege in their bill of complaint that they have the exclusive right to use the words “Bennett’s,” *366“Bennett’s New Cotton,” and “Bennett’s Cotton Seed,” to designate the origin of cotton seed grown or produced by them for sale to the public; 'that the word “Bennett’s” was established as their trade-mark and thereafter registered, as such under the Act of Congress of February 20, 1905, 33 Stat. 724, as amended (Comp. St. §§ 9485-9516); and that the appellee is infringing such trade-mark and the rights of appellants, .under it,by-advertising and selling cotton…

2Cases cited3 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872
  3. Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891

3Cited by7 opinions

  1. Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
  2. Coca-Cola Co. v. Carlisle Bottling WorksCourt of Appeals for the Sixth Circuit · 1930
  3. Penn Yan Boats, Inc. v. Sea Lark Boats, Inc.District Court, S.D. Florida · 1972
  4. Continental Corp. v. National Union Radio Corp.Court of Appeals for the Seventh Circuit · 1933
  5. Burns v. NavorskaOhio Court of Appeals · 1932

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