Holzapfel's Compositions Co. v. Rahtjen's American Composition Co.
Supreme Court of the United States
CERTIORARI TO THE COURT OF APPEALS FOR THE SECOND CIRCUIT. The respondent, a New York corporation, commenced this suit in equity in the Circuit Court for the Southern District of New York,- against the petitioner, which is a foreign corpora* tion, organized under the laws of the Kingdom of Great Britain, and having a place of business in the city of New York, to restrain it from the use of the trade-mark which the respondent averred it had acquired in the name “ Rahtjen’s…
Read the full summary
CERTIORARI TO THE COURT OF APPEALS FOR THE SECOND CIRCUIT. The respondent, a New York corporation, commenced this suit in equity in the Circuit Court for the Southern District of New York,- against the petitioner, which is a foreign corpora* tion, organized under the laws of the Kingdom of Great Britain, and having a place of business in the city of New York, to restrain it from the use of the trade-mark which the respondent averred it had acquired in the name “ Rahtjen’s Composition ” and to obtain an accounting of the profits and income which the petitioner had unlawfully derived from the…
1Opinion of the CourtJustice Peckham
We are of opinion that no valid trade-mark was proved on the part of the Rahtjens, in connection with the paint sent by them from Germany to their agents in the United States prior to 1873, when they procured a patent in England for their composition. It appears from the record that from 1870 to 1879, or late in 1878, the paint was manufactured in Germany by Rahtjen and sent to the United States in casks or packages marked “ Rahtjen’s Patent Composition Paint.”
Prior to November, 1873, the article was not patented anywhere, and a description of it as a patented article had no basis in fact,…
2Cases cited2 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
3Cited by31 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
- A.J. Canfield Company, a Corporation v. Honickman, Harold, an Individual and Concord Beverage Company, a CorporationCourt of Appeals for the Third Circuit · 1986
- Shatel Corp. v. Mao Ta Lumber and Yacht CorporationCourt of Appeals for the Eleventh Circuit · 1983
- Carter-Wallace, Inc. v. Procter & Gamble Co.Court of Appeals for the Ninth Circuit · 1970
26 more not listed; retrieve them via the Exa API.