Legal Opinion

Pennsylvania Central Brewing Co. v. Anthracite Beer Co.

Supreme Court of Pennsylvania

Decided May 7, 1917No. Appeal, No. 3PublishedCited by 20 opinions

Appeal, No. 3, Jan. T., 1917, by defendant, from decree of C. P. Lackawanna Co., Oct. T., 1916, No. 20, in equity, awarding an injunction, in case of Pennsylvania Central Brewing Company v. Anthracite Beer Company. Bill in equity for an injunction to restrain unfair trade competition. Before Newcomb, J. The opinion of the Supreme Court states the facts. The court on final hearing awarded' the injunction.

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Appeal, No. 3, Jan. T., 1917, by defendant, from decree of C. P. Lackawanna Co., Oct. T., 1916, No. 20, in equity, awarding an injunction, in case of Pennsylvania Central Brewing Company v. Anthracite Beer Company. Bill in equity for an injunction to restrain unfair trade competition. Before Newcomb, J. The opinion of the Supreme Court states the facts. The court on final hearing awarded' the injunction. Defendant appealed. were in dismissing exceptions to various findings of fact and law and the decree of the court. There can be no trade-mark in the colored stripes on plaintiff’s beer kegs:…

1Opinion of the Court

Opinion by

Mr. Justice Walbing,

The bill was filed to restrain alleged unfair trade competition. The E. Robinson’s Sons Brewery, for the manufacture of lager beer, was established at Scranton in-1870-and has continued in the business to this time. In 1897 it became and since has been a branch of the plaintiff corporation. Its product has always been sold in containers, to wit: barrels and kegs, of the customary sizes, which for over forty years have been distinctively marked by a red band painted around each container between the. first and second hoops at one end and a blue band similarly…

2Cases cited9 opinions

  1. Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
  2. New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
  3. American Clay Manufacturing Co. v. American Clay Manufacturing Co.Supreme Court of Pennsylvania · 1901
  4. Juan F. Portuondo Cigar Manufacturing Co. v. Vicente Portuondo Cigar Manufacturing Co.Supreme Court of Pennsylvania · 1908
  5. Heinz v. Lutz Bros., Pennsylvania Court of Common Pleas, Alleghany County1892

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3Cited by20 opinions

  1. Pennsylvania State University v. University Orthopedics, Ltd.Superior Court of Pennsylvania · 1998
  2. Goebel Brewing Co. v. Esslingers, Inc.Supreme Court of Pennsylvania · 1953
  3. Gamlen Chemical Co. v. GamlenDistrict Court, W.D. Pennsylvania · 1948
  4. United Drug Co. v. KovacsSupreme Court of Pennsylvania · 1924
  5. Chas. H. Elliott Co. v. Skillkrafters, Inc.Supreme Court of Pennsylvania · 1921

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