Proctor & Gamble Co. v. Globe Refining Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the District of Kentucky. On the 8th day of November, 1897, the Proctor & Gamble Company (the appellant here) filed its bill in the circuit court for the district of Kentucky against the Globe Refining Company, complaining that the latter was infringing a trade-mark belonging to the complainant, impressed upon a wrapper or label used for covering cakes of washing soap alleged to be known to the trade as “Every Day Soap,”…
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Appeal from the Circuit Court of the United States for the District of Kentucky. On the 8th day of November, 1897, the Proctor & Gamble Company (the appellant here) filed its bill in the circuit court for the district of Kentucky against the Globe Refining Company, complaining that the latter was infringing a trade-mark belonging to the complainant, impressed upon a wrapper or label used for covering cakes of washing soap alleged to be known to the trade as “Every Day Soap,” by using on soap manufactured by the defendant a wrapper or label containing the words “Everybody’s Soap.” Cer-. tain…
1Opinion of the CourtSevereas, District Judge
Upon this appeal the appellant relies not so much upon the infringement of its trade-mark as upon its complaint that the use by the defendant of its label is an unfair competition in trade. To the question whether it is so or not, the briefs and arguments of counsel are mainly directed. This being an appeal from an order denying a preliminary injunction, the question to be determined is whether the discretion of the court below was improvidently exercised and not whether, upon the final hearing, upon full view of all the facts in the case, this court would, upon the evidence before it, reach…
2Cases cited9 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
- P. Lorillard Co. v. PeperCourt of Appeals for the Eighth Circuit · 1898
- Duplex Printing-Press Co. v. Campbell Printing-Press & Manuf'g Co.Court of Appeals for the Sixth Circuit · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- James Heddon's Sons v. Millsite Steel & Wire Works, Inc.Court of Appeals for the Sixth Circuit · 1942
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- Interurban Ry. & Terminal Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Kerr v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1903
- Viavi Co. v. Vimedia Co.Court of Appeals for the Eighth Circuit · 1917
16 more not listed; retrieve them via the Exa API.