Legal Opinion

Enoch Morgan's Sons Co. v. Whittier-Coburn Co.

U.S. Circuit Court for the District of Northern California

Decided August 18, 1902No. 13,012PublishedCited by 15 opinions

In Equity. Suit for infringement of trade-name and for unfair competition.

1Opinion of the Court

MORROW, Circuit Judge.

This is a suit in equity brought by the complainant, a corporation existing under the laws of the state of New York, to protect its trade-mark and trade-name “Sapolio,” and to restrain the defendant, a California corporation, from certain acts of unfair competition. It is alleged that many years ago the firm of Enoch Morgan’s Sons, in New York City, prepared and put upon the market a superior manufacture in the shape of a soap especially designed for cleansing, scouring, and polishing, and appropriated, applied thereto, and used as a trade-mark and trade-name to…

2Cases cited5 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  3. N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
  4. Charles E. Hires Co. v. Consumers' Co.Court of Appeals for the Seventh Circuit · 1900
  5. Sterling Remedy Co. v. Eureka Chemical & Manufacturing Co.Court of Appeals for the Seventh Circuit · 1897

3Cited by15 opinions

  1. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
  2. Stephano Bros. v. StamatopoulosCourt of Appeals for the Second Circuit · 1916
  3. Nesne v. SundetSupreme Court of Minnesota · 1904
  4. Ohio Baking Co. v. National Biscuit Co.Court of Appeals for the Sixth Circuit · 1904
  5. Pacific Coast Condensed Milk Co. v. Frye & Co.Washington Supreme Court · 1915

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