Legal Opinion

Tetlow v. Tappan

U.S. Circuit Court for the District of Southern New York

Decided March 19, 1898PublishedCited by 13 opinions

This was a suit in equity by Hentry Tetlow against Herman Tappan for alleged infringement of a trade mark or name.

1Opinion of the Court

WHEELER, District Judge.

This suit is brought against giving currency in trade to complexion powder of the defendant by using the words “Swan Down” upon labels resembling those of the plaintiff, whereby the complexion powder of the defendant is made to appear to customers as that of the plaintiff. The long and successful use of these words by the plaintiff upon labels and boxes of a popular complexion powder put up by him at Philadelphia is well made to appear and is not much questioned. One Henry H. Burrington appears to have used these words upon a similar toilet preparation in a small way…

2Cases cited1 opinion

  1. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893

3Cited by13 opinions

  1. Macmahan Pharmacal Co. v. Denver Chemical Mfg. Co.Court of Appeals for the Eighth Circuit · 1901
  2. Ward Baking Co. v. Potter-Wrightington, Inc.Court of Appeals for the First Circuit · 1924
  3. W. G. Reardon Laboratories, Inc. v. B. & B. Exterminators, Inc.Court of Appeals for the Fourth Circuit · 1934
  4. Thomas G. Carroll & Son Co. v. McIlvaine & Baldwin, Inc.U.S. Circuit Court for the District of Southern New York · 1909
  5. Dietz v. Horton Mfg. Co.Court of Appeals for the Sixth Circuit · 1909

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