Drummond Tobacco Co. v. Addison Tinsley Tobacco Co.
Missouri Court of Appeals
Appeal from the Louisiana Co%wt of Common Pleas. Hon. E. M. Hughes, Judge. (1) A manufacturer, adopting a certain symbol or device and affixing it to Ms goods as a trademark, if the same be in law a proper trademark, acquires an exclusive right to the use of that particular symbol or device, in connection with that particular class of goods which he so manufactures and stamps with such symbol or device; and he is entitled to the interposition of a court of equity to enforce…
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Appeal from the Louisiana Co%wt of Common Pleas. Hon. E. M. Hughes, Judge. (1) A manufacturer, adopting a certain symbol or device and affixing it to Ms goods as a trademark, if the same be in law a proper trademark, acquires an exclusive right to the use of that particular symbol or device, in connection with that particular class of goods which he so manufactures and stamps with such symbol or device; and he is entitled to the interposition of a court of equity to enforce this right by perpetual injunction against anyone invading it. High on Injunction [3 Ed.] sec. 1085;' Taylor v.…
1Opinion of the CourtRombauer, P. J.
The plaintiff, a tobacco manufacturer in the city of St. Louis, brought this action against the defendant, a tobacco manufacturer of Louisiana, Missouri, for the purpose of restraining the latter from using on plug tobacco manufactured by it any colorable imitation of a horseshoe, which is the plaintiff’s trademark on that class of tobacco.
The petition states that, continuously since 1876, the plaintiff and its assignors used the mark of a horseshoe as a trademark for distinguishing certain plug chewing tobacco manufactured by them; that at first this mark was affixed to each one pound plug…
2Cases cited11 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Colman v. . CrumpNew York Court of Appeals · 1877
- Hier v. . AbrahamsNew York Court of Appeals · 1880
- Filley v. FassettSupreme Court of Missouri · 1869
- American Brewing Co. v. St. Louis Brewing Co.Missouri Court of Appeals · 1891
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3Cited by1 opinion
- Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1906