Centaur Co. v. Neathery
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Texas. Complainant’s bill, filed July 13, 1898, at Paris, Tex., in the clerk’s office of the circuit court of the United States for the Eastern district of Texas, shows substantially as follows: (1) That the defendant is a citizen of the state of Texas, and was trading under the name or style of the Phenix Medicine Concern, also under the names of the Castoria Manufacturing Company and Texas…
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Appeal from the Circuit Court of the United States for the Eastern District of Texas. Complainant’s bill, filed July 13, 1898, at Paris, Tex., in the clerk’s office of the circuit court of the United States for the Eastern district of Texas, shows substantially as follows: (1) That the defendant is a citizen of the state of Texas, and was trading under the name or style of the Phenix Medicine Concern, also under the names of the Castoria Manufacturing Company and Texas Chemical Company. (2) That the plaintiff is a corporation chartered under the laws of the state of New York about the 27th of…
1Opinion of the CourtSwayne, District Judge
The error assigned in this case is that the court below' erred in denying a preliminary injunction. The record establishes the constant and exclusive use by the complainant of its wrapper for 20 years or more, and the expenditure of a large amount of money in advertising the preparation wrapped in such labels. That respondent’s labels were such close imitations of those of complainant that they were calculated to deceive purchasers, and cause them to buy respondent’s goods instead of the preparation prepared by complainant, cannot be doubted. Indeed, with a very slight difference, they are…
2Cases cited6 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Fischer v. . BlankNew York Court of Appeals · 1893
- Putnam Nail Co. v. BennettU.S. Circuit Court for the District of Eastern Pennsylvania · 1890
- Singer Manufacturing Co. v. BentSupreme Court of the United States · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shredded Wheat Co. v. Humphrey Cornell Co.District Court, D. Connecticut · 1917
- Centaur Co. v. Hughes Bros. Mfg.Court of Appeals for the Fifth Circuit · 1898
- Centaur Co. v. Hughes Bros. Mfg.Court of Appeals for the Fifth Circuit · 1898
- Centaur Co. v. ReineckeCourt of Appeals for the Fifth Circuit · 1898