British-American Tobacco Co. v. British-American Cigar Stores Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by the British-American. Tobacco Company, Limited, against the British-American Cigar Stores Company, to restrain defendant’s use of the word “British” in its corporate name. From a decree dismissing the bill (206 Fed. 189), under equity rule 29 (198 Fed. xxvi), complainant appeals.
1Opinion of the Court
COXE, Circuit Judge.
The question presented by this appeal is whether or not the complaint states a cause of action.
The complainant is a British corporation engaged in growing and manufacturing tobacco and dealing in tobacco, cigars, cigarettes and snuff in England, America and elsewhere. It is authorized by its charter to buy, sell, grow, import and export tobacco, in all its forms, at wholesale and retail. It may organize or promote any company to deal-in its products. Its business has existed since 1902 and has spread to *934all parts of the world. Its principal office is in London and its…
2Cases cited5 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Borden Ice Cream Co. v. Borden's Condensed Milk Co.Court of Appeals for the Seventh Circuit · 1912
- G. W. Cole Co. v. American Cement & Oil Co.Court of Appeals for the Seventh Circuit · 1904
- Metropolitan Telephone & Telegraph Co. v. Metropolitan Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Elgin Nat. Watch Co. v. LovelandU.S. Circuit Court for the District of Northern Iowa · 1904
3Cited by34 opinions
- Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
- S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Del Monte Special Food Co. v. California Packing CorporationCourt of Appeals for the Ninth Circuit · 1929
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
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