Trask Fish Co. v. Wooster
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. All that is involved is the right of appellants to use the words, “ Selected Shore Mackerel.” Respondent claims them as a part of its trademark, and appellants deny the claim. Allegations and evidence of use of certain words, figures, and brands not contained .in trademark, are irrelevant and immaterial.
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Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. All that is involved is the right of appellants to use the words, “ Selected Shore Mackerel.” Respondent claims them as a part of its trademark, and appellants deny the claim. Allegations and evidence of use of certain words, figures, and brands not contained .in trademark, are irrelevant and immaterial. Rev. Stat., sec. 7542. The words, “selected shore,” have been applied to mackerel, probably as long as there has been a mackerel. As a matter of law, respondent has no right to the exclusive use of the said words, for they…
1Opinion of the CourtLewis, P. J.
The petition states, substantially, that the plaintiff, a corporation, and the defendants, a partnership firm, are both engaged in the business, in St. Louis, of packing and dealing in fish, as wholesalers, and that they both deal and sell in the same markets ; that the plaintiff has for many years done a very large business, and, for some years past, has packed and vended a certain brand of mackerel, put up with care, to which the plaintiff appropriated the name of “Trask’s Selected Shore Mackerel” ; and plaintiff, thereupon, and thereafter, has continuously packed and sold the said brand…
2Cases cited4 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Filley v. FassettSupreme Court of Missouri · 1869
- Brooklyn White Lead Co. v. MasuryNew York Supreme Court · 1857
- Alden v. GrossMissouri Court of Appeals · 1887
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- National Bank in North Kansas City v. Bank of North Kansas CityMissouri Court of Appeals · 1943
- Drummond Tobacco Co. v. Addison Tinsley Tobacco Co.Missouri Court of Appeals · 1892
- McGrew Coal Co. v. MenefeeMissouri Court of Appeals · 1912