Pepper v. Labrot
U.S. Circuit Court for the District of Kentucky
In Equity. Trade-mark. Bill for injunction and account, and cross-bill for injunction. Final hearing upon pleadings and proofs. 1. Complainant’s trade-mark embodied his family name, and was therefore peculiarly appropriate. See Ainsworth v. Wahnesly, 44 P. J. 252. The right to use the name passed from father to son as a personal right, not as a chattel real.
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In Equity. Trade-mark. Bill for injunction and account, and cross-bill for injunction. Final hearing upon pleadings and proofs. 1. Complainant’s trade-mark embodied his family name, and was therefore peculiarly appropriate. See Ainsworth v. Wahnesly, 44 P. J. 252. The right to use the name passed from father to son as a personal right, not as a chattel real. See Dixon Crucible Co. v. Guggenheim, Cox’s Trade-mark Cas. 577. 2. Did the trade-mark pass to the assignee in bankruptcy and from Win to defendants by their purchase ? A general assignment under state laws does not carry a trade-mark.…
1Opinion of the Court
Matthews,
Circuit Justice. This is a bill in equity filed October 23, 1880, the complainant being a citizen of the state of New York, and the defendants citizens of Kentucky.. It is alleged that both parties are, and have been, engaged in the manufacture and sale of whisky. The complainant claims to be the originator, inventor, and owner of a certain trade-mark and brand for whisky make by him, consisting of the words “Old Oscar Pepper,” and also of an abbreviation thereof, consisting of the letters “O. 0. P.” He alleges that the said words and letters were and are a fanciful and arbitrary…
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- Booth v. JarrettNew York Court of Common Pleas · 1876
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