Saxlehner v. Eisner & Mendelson Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill in equity filed in the Circuit Court for the Southern District of New York by the widow of Andreas Saxlehner, deceased, a resident of Buda-Pesth and a subject of the King of Hungary, against the Eisner and Mendelson Company* importers and wholesale dealers, to enjoin the defendant from selling any water under a name in which the word “ Hunyadi ” occurs, or making use in the sale of bitter…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill in equity filed in the Circuit Court for the Southern District of New York by the widow of Andreas Saxlehner, deceased, a resident of Buda-Pesth and a subject of the King of Hungary, against the Eisner and Mendelson Company* importers and wholesale dealers, to enjoin the defendant from selling any water under a name in which the word “ Hunyadi ” occurs, or making use in the sale of bitter waters of labels, in form, color, design and general appearance, imitating the labels used by plaintiff in the sale of…
1Opinion of the CourtJustice Brown
This case involves the question of plaintiff’s exclusive right to the use of the name “ Hunyadi ” as a trade-mark for Hungarian bitter waters, as well as her right to the red and blue label and its characteristic features used by her upon the bottles in which she has been-accustomed to sell “ Hunyadi Janos ” water.
From the foregoing summary of the facts it appears:
1. That Saxlehner was the first to appropriate and use the name “ Hunyadi ” as a trade-mark for bitter watebs, and that such name being neither descriptive nor geographical but purely arbitrary and fanciful as applied to medicinal…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- McIntire v. PryorSupreme Court of the United States · 1899
- Bishop v. VoseSupreme Court of Connecticut · 1858
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- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
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