New Orleans Coffee Co. v. American Coffee Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George Henry Théard, Judge. Action by the New Orleans Coffee Company, Limited, against the American Coffee Company of New Orleans, Limited. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBreaux, C. J.
The plaintiff company and the defendant are competitors in the business of selling coffee. Each has a factory in which the coffee is roasted, ground, and packed for sale. They are each well known. Each advertises extensively.
Plaintiff adopted a trade-mark and label in the year 1890. The trade-mark and label was at first printed and attached to the can in which it packed and sold its coffee. It sought to assure its customers by the following: That “every drop is a drop of comfort,” which was printed on its label, and also that its coffee was the French Market Java Blend. Its vignette impressed…
2Cases cited9 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Thomas H. Handy & Co. v. CommanderSupreme Court of Louisiana · 1897
- Insurance Oil Tank Co. v. ScottSupreme Court of Louisiana · 1881
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3Cited by5 opinions
- Givens Jewelers, Inc. v. GivensLouisiana Court of Appeal · 1980
- Pacific Coast Condensed Milk Co. v. Frye & Co.Washington Supreme Court · 1915
- Huth v. RosenzweigLouisiana Court of Appeal · 1946
- Title & Mortgage Guarantee Co. v. Louisiana Abstract & Title Guarantee Co.Supreme Court of Louisiana · 1918
- Zippo Manufacturing Co. v. Manners Jewelers, Inc.District Court, E.D. Louisiana · 1960