W. A. Gaines & Co. v. Turner-Looker Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern District of Ohio; Howard C. Hollister, Judge. Suit in equity by W. A. Gaines & Co., a corporation, against the Turner-Looker Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
KNAPPEN, Circuit Judge.
The complainant, which is a corporation engaged in the manufacture- of whisky, at Louisville, Ky., filed its bill to restrain. defendant from selling whisky under the name; of “Golden Heritage,” which complainant alleges infringes its trademark “Hermitage”; unfair competition, especially by the use of said infringing name, being also alleged. Upon final hearing on pleadings and proofs the bill was dismissed, and the case is here on appeal from that decree.
Several reasons are urged in support of the decree of dismissal:
[1] 1. It is denied that complainant has any valid,…
2Cases cited5 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Binns v. United StatesSupreme Court of the United States · 1904
- Jacobs v. BeechamSupreme Court of the United States · 1911
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- Tarrant v. HoffCourt of Appeals for the Second Circuit · 1896
3Cited by18 opinions
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Samson Cordage Works v. Puritan Cordage MillsCourt of Appeals for the Sixth Circuit · 1914
- Hemmeter Cigar Co. v. Congress Cigar Co.Court of Appeals for the Sixth Circuit · 1941
- Western Oil Refining Co. v. JonesCourt of Appeals for the Sixth Circuit · 1928
- H. E. Winterton Gum Co. v. Autosales Gum & Chocolate Co.Court of Appeals for the Sixth Circuit · 1914
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