Watkins v. Landon
Supreme Court of Minnesota
Appeal by plaintiff, J. E. Watkins, from an order of the District Court of Wabasha County, Start, J., made May 26, 1892, denying his motion for a new trial. In 1856, Eichard Ward, of Harrison, Ohio, had a formula or receipt for making a liniment which he called Ward’s Botanical Liniment.
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Appeal by plaintiff, J. E. Watkins, from an order of the District Court of Wabasha County, Start, J., made May 26, 1892, denying his motion for a new trial. In 1856, Eichard Ward, of Harrison, Ohio, had a formula or receipt for making a liniment which he called Ward’s Botanical Liniment. On July 16,1856, in consideration of five dollars, he imparted to J. H. Sands the formula for making the liniment, and signed and delivered to him a certificate of which the following is a copy: “Pennsylvaniaburg, July 16, 1856. “This is to certify, "that I, Eichard ‘Ward, have sold1 to J. H. Sands the whole…
1Opinion of the CourtDickinson, J.
The plaintiff complains of an infringement of what he claims to be a proprietary trade-mark, and of unfair competition in trade. The facts of the case, as determined by the trial court, may be stated as follows:
In 1856, and prior thereto, one Ward, called Dr. Ward, although he was not a physician, residing in the state of Ohio, made and sold, under the name of “Ward’s Botanical Liniment,” a medicinal compound, prepared in accordance with a formula or receipt owned by him. In that year he sold and imparted to one Sands the formula for making the liniment, with “the whole sole right of…
2Cases cited4 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Marshall v. PinkhamWisconsin Supreme Court · 1881
- Stachelberg v. PonceSupreme Court of the United States · 1888
3Cited by7 opinions
- Landon v. WatkinsSupreme Court of Minnesota · 1895
- Watkins v. LandonSupreme Court of Minnesota · 1897
- Elaterite Paint & Manufacturing Co. v. S. E. Frost Co.Supreme Court of Minnesota · 1908
- Glass v. KottwitzCourt of Appeals of Texas · 1927
- Yellow Cab Co. v. Cooks Taxicab & Transfer Co.Supreme Court of Minnesota · 1919
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