Kathreiner's Malzkaffee Fabriken mit Beschraenkter Haftung v. Pastor Kneipp Medicine Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. A bill in equity was filed in the court below by the appellants, ICathreiner’s Malzkaffee Fabriken mit Bescliraenkter Haftung and Kneipp Malt-Food Company, complainants, against the Pastor Kneipp Medicine Company, the ap-pellee, to restrain the use of certain trade-marks or trade-names, “Kneipp Malt Coffee,” .“Kneipp Coffee,” and “Kneipp Malzkaffee,” and to restrain the use of the…
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. A bill in equity was filed in the court below by the appellants, ICathreiner’s Malzkaffee Fabriken mit Bescliraenkter Haftung and Kneipp Malt-Food Company, complainants, against the Pastor Kneipp Medicine Company, the ap-pellee, to restrain the use of certain trade-marks or trade-names, “Kneipp Malt Coffee,” .“Kneipp Coffee,” and “Kneipp Malzkaffee,” and to restrain the use of the picture and signature of Iier. Father Sebastian Kneipp in connection with malt coffee, either upon packages containing the…
1Opinion of the CourtJenkins, Circuit Judge
(after stating tlie facts as above). Upon the record, we are constrained to believe tliat the Pastor Kneipp Medicine Company, the appellee, was “conceived in sin and brought forth in iniquity,” that wrong attended at its birth, and that fraud *325stood sponsor at its christening, imposing upon the corporate child a name to which it was not entitled, and which it had no right to bear. The name of an eminent philanthropist was taken without his consent and against his protest. This assumption of name was a wrong which we cannot doubt a court of equity would, upon his application, have restrained,…
2Cases cited2 opinions
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Collins Co. v. Oliver Ames & Sons Corp.U.S. Circuit Court for the District of Southern New York · 1882
3Cited by31 opinions
- La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New YorkCourt of Appeals for the Second Circuit · 1974
- Blue Bell, Inc. v. Farah Manufacturing Company, Inc.Court of Appeals for the Fifth Circuit · 1975
- Allard Enterprises, Inc., D/ B/a/ Allard Programming Resources v. Advanced Programming Resources, Inc., and Barry HeagrenCourt of Appeals for the Sixth Circuit · 1998
- Sweet Sixteen Co. v. Sweet "16" Shop, Inc.Court of Appeals for the Eighth Circuit · 1926
- Maison Prunier v. Prunier's Restaurant & Cafe, Inc.New York Supreme Court · 1936
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