Centaur Co. v. Heinsfurter
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of North Dakota. This is a suit brought by plaintiff in the circuit court of the United States for the district of North Dakota to restrain ihe defendants from the. use of the word “Oastoria,” claimed by it as a trade-mark.
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Appeal from the Circuit Court of the United States for the District of North Dakota. This is a suit brought by plaintiff in the circuit court of the United States for the district of North Dakota to restrain ihe defendants from the. use of the word “Oastoria,” claimed by it as a trade-mark. The bill, filed on .Tune 10, 189(5, alleges that plaintiff is a corporation engaged in the business of manufacturing and selling, in bottles, with labels thereon, a certain vegetable preparation for assimilating the food, and regulating the stomachs and bowels, of infants, designated and known by the…
1Opinion of the CourtBrewer, Circuit Justice
This case turns upon the question whether the plaintiff has an exclusive right to the use of the word “Castoria” as a trade-mark; for, except by the use. of that word, there is no evidence in the record of . anything done by defendants calculated to- mislead purchasers into the supposition that they are buying an article manufactured by the plaintiff. On the contrary, the circulars sent out by the defendants call attention to the fact that they are the only parties manufacturing Castoria according to the original formula of Dr. Pitcher, and, though not in terms naming the plaintiff, yet, as…
2Cases cited3 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
3Cited by23 opinions
- Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Adam v. FolgerCourt of Appeals for the Sixth Circuit · 1903
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
- Skinner Mfg. Co. v. General Foods Sales Co.District Court, D. Nebraska · 1943
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