Bennett v. McKinley
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Eastern District of New York. This was a suit by William S. McKinley and others against William D. Bennett and others to restrain the infringement of complainants’ alleged trade-mark. The circuit court granted a preliminary injunction. Defendants appeal.
1Opinion of the Court
WALLACE, Circuit Judge.
The question in this case is whethef the word “Instantaneous” constitutes a valid trade-mark, when applied to a preparation of tapioca which is distinguished from other preparations of that article by reason of its adaptability for immediate use without the preliminary soaking required by other preparations. According to the theory of the complainants, the tapioca sold in this country prior to 1891 was of three varieties, — the flake, pearl, and granulated, — and, in either form, required a prolonged soaking in water, lasting from three to six hours, to prepare it for…
2Cases cited4 opinions
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Selchow v. . BakerNew York Court of Appeals · 1883
- Hiram Holt Co. v. WadsworthU.S. Circuit Court for the District of Northern New York · 1889
3Cited by16 opinions
- General Shoe Corporation v. RosenCourt of Appeals for the Fourth Circuit · 1940
- Wisconsin Electric Co. v. Dumore Co.Court of Appeals for the Sixth Circuit · 1929
- Computing Scale Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1902
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
- Trappey v. McIlhenny Co.Court of Appeals for the Fifth Circuit · 1922
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