La Republique Francaise v. Saratoga Vichy Spring Co.
U.S. Circuit Court for the District of Northern New York
This was a suit in equity for an injunction against infringement of rights in a trade-name. On final hearing.
1Opinion of the Court
COXE, District Judge.
It is thought that this cause is ruled by the decision in La Republique Francaise v. Schultz (C. C.) 94 Fed. 500, recently affirmed.1 Of course the facts are not alike. They never are. The salient features are, however, almost identical. The principles upon which the decision in the Schultz Case rests are invoked in the case at bar and I see no way to avoid their application. The attempt to distinguish, though ingenious, is founded upon considerations which are too vague and unsubstantial for practical application. They do not go to the merits of the controversy. They…
2Cases cited2 opinions
- La Republique Francaise v. SchultzU.S. Circuit Court for the District of Southern New York · 1899
- La Republique Francaise v. SchultzCourt of Appeals for the Second Circuit · 1900
3Cited by3 opinions
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- La Republique Francaise v. Saratoga Vichy Springs Co.Court of Appeals for the Second Circuit · 1901
- La Republique Francaise v. HegemanU.S. Circuit Court for the District of Southern New York · 1902