Garrett v. T. H. Garrett & Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of tbe United States for the District: of 'Kentucky. This was a suit in equity by George B. Wilson, Henry D. Moore, and John O. Gilmore, partners doing- business under the firm name of W. E. Garrett & Sons, against T. H. Garrett & Co., a corporation, to restrain the alleged wrongful use of a trade name or mark and of imitative labels.
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Appeal from the Circuit Court of tbe United States for the District: of 'Kentucky. This was a suit in equity by George B. Wilson, Henry D. Moore, and John O. Gilmore, partners doing- business under the firm name of W. E. Garrett & Sons, against T. H. Garrett & Co., a corporation, to restrain the alleged wrongful use of a trade name or mark and of imitative labels. The cause was heard below upon a motion for preliminary injunction, and, the court having granted an injunction in respect to the labels, but refused it in respect to the name, the coinplainanl s have appealed.
1Opinion of the Court
SAGE, District Judge.
The appellants are manufacturers of snuff known to the trade as “Garrett’s Snuff,” and were complainants in a suit brought in the United States circuit court for the district of Kentucky to restrain the appellee from using certain labels upon cans and packages of snuff, and from using the name “Garrett” on such packages and cans, and from representing the same as “Garrett’s Snuff.” The case came before the court upon a motion by complainants for a preliminary injunction against tbe defendant, according to the prayer of the original and amended bills. The motion came on to…
2Cases cited8 opinions
- R. W. Rogers Co. v. Wm. Rogers Manuf'g Co.Court of Appeals for the Second Circuit · 1895
- Duplex Printing-Press Co. v. Campbell Printing-Press & Manuf'g Co.Court of Appeals for the Sixth Circuit · 1895
- Rogers & Brother v. RogersSupreme Court of Connecticut · 1885
- William Rogers Manuf'g Co. v. Rogers & Spurr Manuf'g Co.District Court, D. Massachusetts · 1882
- William Rogers Manufacturing Co. v. Simpson, Hall, Miller & Co.Supreme Court of Connecticut · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Dial-A-Mattress Operating Corp. v. Mattress Madness, Inc.District Court, E.D. New York · 1994
- The Children's Bootery v. SutkerSupreme Court of Florida · 1926
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
38 more not listed; retrieve them via the Exa API.