Legal Opinion

Corbin v. Gould

Supreme Court of the United States

Decided February 3, 1890No. 131PublishedCited by 23 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. This, was a suit in equity brought in the court below by Calvin R. Corbin and Horatio N. May, copartners as Corbin, May & Company, doing business in Chicago, against Walter J. Gould, Edward Telfer, David D. Cady and L. F. Thompson, copartners as W. J. Gould & Company, doing business in 'Detroit, for the alleged infringement of a trade-mark.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. This, was a suit in equity brought in the court below by Calvin R. Corbin and Horatio N. May, copartners as Corbin, May & Company, doing business in Chicago, against Walter J. Gould, Edward Telfer, David D. Cady and L. F. Thompson, copartners as W. J. Gould & Company, doing business in 'Detroit, for the alleged infringement of a trade-mark. The bill filed on the 24th of- September, 1885, alleged substantially as follows: That for over six years complainants had been engaged in manufacturing, preparing and…

1Opinion of the Court

Mr. Justice Lamar,

after stating the case as above, deliv-' • ered the opinion of the court.

Ve are of opinion that the decree below must be affirmed.' The material allegations of the bill are not sustained by the evidence, and the one which presents the entire foundation for the claim .of relief is disproved by the exhibit which the complainants append to their- bill. After alleging that complainants had adopted as their trade-mark the word “ Tycoon,”' and stamped it upon packages'of a particular kind of tea, manufactured and imported by themselves alone into the American market in 1879, and…

2Cases cited5 opinions

  1. Menendez v. HoltSupreme Court of the United States · 1888
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872
  3. Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
  4. Liggett & Myers Tobacco Co. v. FinzerSupreme Court of the United States · 1888
  5. Stachelberg v. PonceSupreme Court of the United States · 1888

3Cited by23 opinions

  1. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  2. Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
  3. Photoplay Pub. Co. v. La Verne Pub. Co.Court of Appeals for the Third Circuit · 1921
  4. Proctor & Gamble Co. v. Globe Refining Co.Court of Appeals for the Sixth Circuit · 1899
  5. Grand Lodge of the Ancient Order of United Workmen v. GrahamSupreme Court of Iowa · 1896

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