Shelley v. Sperry
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. Plaintiff was entitled to a decree and the court erred in refusing it: He was the first to use and, therefore,- exclusive owner of the wrapper or carton in question. Hopkins on Trademarks, 244, 258; Bishop Case, 128 Mo. 381; Drummond v. Tinsley, 52 Mo. App. 27; Gaines v. Whyte, 107 Mo. App. 517. In case of infringement plaintiff need not prove he has actually been damaged. Conrad v. Uhrig, 8 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. Plaintiff was entitled to a decree and the court erred in refusing it: He was the first to use and, therefore,- exclusive owner of the wrapper or carton in question. Hopkins on Trademarks, 244, 258; Bishop Case, 128 Mo. 381; Drummond v. Tinsley, 52 Mo. App. 27; Gaines v. Whyte, 107 Mo. App. 517. In case of infringement plaintiff need not prove he has actually been damaged. Conrad v. Uhrig, 8 Mo. App, 277. Nor even that any person has been deceived. Liggett v. Tobacco Co., 104 Mo. 53; Drummond v. Addison, 52 Mo. App. 10;…
1Opinion of the CourtGoode, J.
(after stating the facts). — The plaintiff has not protected his washing powder by a trademark which the defendant might infringe, and the relief sought is against unfair competition; a legal subject-matter regulated according to the principles on which trade-marks are protected. The theory of plaintiff’s case is that his commodity having become known to the public under the brands of Queen and Red Gross Washing Powder, and as sold in packages of a particular shape and size, acquired a popularity and value which the two supply companies and Sperry have appropriated to themselves by vending…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Alden v. GrossMissouri Court of Appeals · 1887
- Levy v. WaittU.S. Circuit Court for the District of Massachusetts · 1893
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3Cited by2 opinions
- A. J. Reach Co. v. Simmons Hardware Co.Missouri Court of Appeals · 1911
- Westminister Laundry Co. v. Hesse Envelope Co.Missouri Court of Appeals · 1913