A. Bauer & Co. v. La Societe Anonyme De La Distillerie De La Liqueur Benedictine De L'abbaye De Fecamp
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. “Bénédictine is a cordial or liqueur resembling Chartreuse, distilled at Fécamp in Normandy. It was originally prepared by the Bénédictine Monks, but since the French Revolution has been made by a secular company.” Cent. Diet.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. “Bénédictine is a cordial or liqueur resembling Chartreuse, distilled at Fécamp in Normandy. It was originally prepared by the Bénédictine Monks, but since the French Revolution has been made by a secular company.” Cent. Diet. An historical account of the origin of this cordial is given by Judge Taft in the case of Société Anonyme De La Distillerie De La Bénédictine v. Micalovitch, Fletcher & Co., 36 Alb. Law J. 364, as follows: “At Fécamp in Normandy, France, the Bénédictine Monks had a monastery for…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). We have so often spoken to the subject of trade-mark and of unfair trade, and to the principle by which courts of equity are guided in restraining one from palming off his goods as the goods of another,. *77that it is quite unnecessary at this time to go over the ground at length. It is true that no one has a monopoly of form, nor has he a monopoly of color, of the shape of the letters, or geographical names, or of his own name, but one may not, by means lawful in themselves when devoted to a lawful end, perpetrate a fraud upon the public, or infringe the…
2Cases cited9 opinions
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Charles E. Hires Co. v. Consumers' Co.Court of Appeals for the Seventh Circuit · 1900
- Tarrant v. HoffCourt of Appeals for the Second Circuit · 1896
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3Cited by9 opinions
- Audio Fidelity, Inc., a Corporation v. High Fidelity Recordings, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1960
- David Sherman Corporation, Doing Business as the Sarnoff Company v. Heublein, Inc., Doing Business as Ste Pierre Smirnoff, FlsCourt of Appeals for the Eighth Circuit · 1965
- Chickering v. Chickering & SonsCourt of Appeals for the Seventh Circuit · 1914
- Pacific Coast Condensed Milk Co. v. Frye & Co.Washington Supreme Court · 1915
- Lucien Lelong v. George W. Button CorporationDistrict Court, S.D. New York · 1943
4 more not listed; retrieve them via the Exa API.