Legal Opinion

W. R. Lynn Shoe Co. v. Auburn-Lynn Shoe Co.

Supreme Judicial Court of Maine

Decided November 16, 1905PublishedCited by 16 opinions

In Equity. On appeal by defendants and on exceptions by plaintiff. Appeal dismissed. Exceptions sustained. Bill in equity brought by the plaintiff seeking to enjoin the defendants from the use of the name Auburn-Lynn Shoe Company, as an infringement of the trade-mark and trade-name of Auburn-Lynn Shoes adopted by the plaintiff and claimed by it as its exclusive property, and to further restrain the defendants from the use of the name Lunn & Lynn Shoe Company, adopted and…

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In Equity. On appeal by defendants and on exceptions by plaintiff. Appeal dismissed. Exceptions sustained. Bill in equity brought by the plaintiff seeking to enjoin the defendants from the use of the name Auburn-Lynn Shoe Company, as an infringement of the trade-mark and trade-name of Auburn-Lynn Shoes adopted by the plaintiff and claimed by it as its exclusive property, and to further restrain the defendants from the use of the name Lunn & Lynn Shoe Company, adopted and used by it subsequent to the commencement of the bill, and from the use of any name similar to either of the above names.…

1Opinion of the CourtWhitehouse, J.

This cause in equity comes to the law court upon the appeal of the defendant corporation from a final decree enjoining it from an unlawful use of the plaintiff’s trade-mark and trade-name, and upon the plaintiff’s exceptions to that portion of the decree respecting the extent of the liability of the defendant corporation to account for the profits of its business.

The material facts established by the finding of the court are as follows:

The plaintiff corporation has been engaged in business in Auburn, Maine, since 1898, manufacturing ladies’ boots and shoes under several styles, among which…

2Cases cited16 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  3. Canal Co. v. ClarkSupreme Court of the United States · 1872
  4. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  5. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900

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3Cited by16 opinions

  1. Aladdin Mfg. Co. v. Mantle Lamp Co. of AmericaCourt of Appeals for the Seventh Circuit · 1941
  2. Hartzler v. Goshen Churn & Ladder Co.Indiana Court of Appeals · 1914
  3. Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
  4. William Wrigley, Jr. Co. v. L. P. Larson, Jr. Co.District Court, N.D. Illinois · 1925
  5. Dyment v. LewisSupreme Court of Iowa · 1909

11 more not listed; retrieve them via the Exa API.

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