Burton v. Stratton
U.S. Circuit Court for the District of Eastern Michigan
In Equity. This was a bill in equity to enjoin the use of a trade-mark. Tbe bill set forth that the plaintiff had, for a long time, made a certain yeast, put up in wrappers and labels, specimens of which were attached to his bill; that since 1877 he had claimed the words, devices, figures, and arrangements shown by said label as a trade-mark, especially employing the figures of two heads in an oval setting, and the words “Twin Brothers Improved Dry Hop Yeast,” and “Twin…
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In Equity. This was a bill in equity to enjoin the use of a trade-mark. Tbe bill set forth that the plaintiff had, for a long time, made a certain yeast, put up in wrappers and labels, specimens of which were attached to his bill; that since 1877 he had claimed the words, devices, figures, and arrangements shown by said label as a trade-mark, especially employing the figures of two heads in an oval setting, and the words “Twin Brothers Improved Dry Hop Yeast,” and “Twin Brothers” in connection with the yeast as a trade-mark; that the defendant Btratton and his brother Thomas J. Stratton were…
1Opinion of the Court
Brown, D. J.
We think there is a decided preponderance of testimony in favor of the plaintiff’s theory that at the time his partnership with the defendant Stratton was dissolved he purchased not only his interest in the business, but also his moiety of the trade-mark. Indeed, the defendant seems to have had very little else of any value to sell. Plaintiff had put but a thousand dollars into the venture. Defendant had contributed nothing but his attention and skill. The partnership lasted but eight or nine months, and the business done was very limited. They would get a little meal and make a…
2Cases cited25 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Hier v. . AbrahamsNew York Court of Appeals · 1880
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3Cited by11 opinions
- Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
- Deering Harvester Co. v. Whitman & Barnes Mfg. Co.Court of Appeals for the Sixth Circuit · 1898
- American Wine Co. v. KohlmanU.S. Circuit Court for the District of Southern Alabama · 1907
- Capewell Horse Nail Co. v. MooneyU.S. Circuit Court for the District of Northern New York · 1909
- Du Pont Cellophane Co. v. Waxed Products Co.District Court, E.D. New York · 1934
6 more not listed; retrieve them via the Exa API.