Yellow Cab Co. v. Cooks Taxicab & Transfer Co.
Supreme Court of Minnesota
Action in tbe district court for Bamsey county to restrain defendant from using plaintiff’s trade-name and for an accounting. By its answer defendant sought the same relief against plaintiff. Plaintiff obtained an order requiring defendant to show cause why a temporary injunction should not issue during the pendency of the action restraining it and its servants from using certain names containing the word “yellow” and from using plaintiff’s trade-mark device.
Read the full summary
Action in tbe district court for Bamsey county to restrain defendant from using plaintiff’s trade-name and for an accounting. By its answer defendant sought the same relief against plaintiff. Plaintiff obtained an order requiring defendant to show cause why a temporary injunction should not issue during the pendency of the action restraining it and its servants from using certain names containing the word “yellow” and from using plaintiff’s trade-mark device. The matter was heard by Dickson, J., who made findings and granted defendant a temporary writ as stated' at the end of the first…
1Opinion of the CourtHallam, J.
Plaintiff is a corporation operating yellow cabs in the city of St. Paul. Defendant also operates yellow cabs in the same city. Plaintiff asked the court to restrain the use by defendant of the name “Yellow Cab Company” or “Yellow Taxicab Company” or “Yellow Cab” or any name containing the word “yellow” as part thereof in connection with its taxicab or automobile service in St. Paul. Defendant retorted by claiming the prior exclusive right to use the word “yellow,” and asked similar relief as against plaintiff. On application for a temporary injunction the court found for defendant and…
2Cases cited38 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
33 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Yellow Cab Co. v. BeckerSupreme Court of Minnesota · 1920
- Houston v. BerdeSupreme Court of Minnesota · 1942
- Burrell v. MichauxCourt of Appeals of Texas · 1925
- Home Insulation Co. v. Home & Building Insulation Co.Supreme Court of Oklahoma · 1935
- State Ex Rel. Andersen v. Reward Corp.Court of Appeals of Minnesota · 1992
1 more not listed; retrieve them via the Exa API.