Star Co. v. Colver Pub. House

HOLT, District Judge.

The rule is well settled in the federal courts that a preliminary injunction will not be granted except when the papers present a clear case. Stevens v. Missouri, K. & T. Ry. Co., 106 Fed. 771, 45 C. C. A. 611; Blakey v. National Co., 95 Fed. 136, 37 C. C. A. 27. In my opinion, this case is not clear, but doubtful. The application is, based on two grounds—the alleged violation of a trade-mark, and unfair competition. In the first place, I think it doubtful whether there can be a trade-mark in the word “American” or “Magazine,” or in a combination of the two. Moreover, the…