Raymond v. Royal Baking-Powder Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The Royal Baking-Powder Company, the appellee, filed Its bill of complaint in the court below to restrain the use by George E. Raymond, the appellant, of the word “Royal” as the name or designation of a baking powder not manufactured by that company, and from the use of labels, circulars, and stamps which induce the belief that the baking powder sold by him was that manufactured by the…
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The Royal Baking-Powder Company, the appellee, filed Its bill of complaint in the court below to restrain the use by George E. Raymond, the appellant, of the word “Royal” as the name or designation of a baking powder not manufactured by that company, and from the use of labels, circulars, and stamps which induce the belief that the baking powder sold by him was that manufactured by the Royal Baking-Powder Company. Prom a final decree imposing such restraints, this appeal is brought. In July, 1806, the…
1Opinion of the CourtJenkins, Circuit Judge
(alten- stating the fads). We are content to affirm this de'cree upon the opiniou rendered in the court below,deeming it essential only to make a few observations in addition to the; views expressed by the; circuit judge-.
1. We are of opinion that neither the appellant nor any of his predecessors in the business in New York ever acquired lawful title; lo the use; of the word “Boyal” in conned ion with the manufacture; and stile of baking powde»r. The purpose of a trade-mark is to identify the origin or ownership of the; article to which it is attached. This is its primary object. Mill Co. v.…
2Cases cited5 opinions
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Meyer v. Dr. B. L. Bull Vegetable Medicine Co.Court of Appeals for the Seventh Circuit · 1893
- Beadleston & Woerz v. Cooke Brewing Co.Court of Appeals for the Seventh Circuit · 1896
3Cited by18 opinions
- Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
- Computing Scale Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1902
- Williams v. MitchellCourt of Appeals for the Seventh Circuit · 1901
- Trappey v. McIlhenny Co.Court of Appeals for the Fifth Circuit · 1922
- T & T Manufacturing Co. v. A. T. Cross Co.District Court, D. Rhode Island · 1978
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