Dennison Mfg. Co. v. Scharf Tag, Label & Box Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a second appeal. The former was from a decree sustaining a plea of res adjudicata and dismissing the bill. That decree we reversed for reasons appearing in our opinion reported under same style in 121 Fed., at page 313 et seq., 57 G. C. A. 9. When the case was remanded the defendant filed a demurrer. This was irregular after the former pie:..
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a second appeal. The former was from a decree sustaining a plea of res adjudicata and dismissing the bill. That decree we reversed for reasons appearing in our opinion reported under same style in 121 Fed., at page 313 et seq., 57 G. C. A. 9. When the case was remanded the defendant filed a demurrer. This was irregular after the former pie:.. But no objection was made below and no error assigned here. Briefly, the object of the bill is to restrain the defendant company from using a certain series…
1Opinion of the CourtLurton, Circuit Judge
Combined with a name, a word, or some other sign or symbol a numeral may well become a vital part of a valid trade-mark. This is as far as the cases cited by appellant actually go. Boardman v. Meriden Britannia Co., 35 Conn. 402, 95 Am. Dec. 270; Lawrence Mfg. Co. v. Lowell Hosiery Mills, 129 Mass. 325, 37 Am. Rep. 362; Shaw Stocking Co. v. Mack (C. C.) 12 Fed. 707, 712; Humphreys Specific Co. v. Wenz (C. C.) 14 Fed. 250; Gillott v. Esterbrook, 48 N. Y. 374, 8 Am. Rep. 553; Humphrey’s Specific Co. v. Hilton (C. C.) 60 Fed. 768.. But the contention here is not for a numeral in connection with…
2Cases cited29 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Chicot County v. SherwoodSupreme Court of the United States · 1893
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ideal Industries, Inc. v. Gardner Bender, Inc.Court of Appeals for the Seventh Circuit · 1980
- James Heddon's Sons v. Millsite Steel & Wire Works, Inc.Court of Appeals for the Sixth Circuit · 1942
- Electric Auto-Lite Co. v. P. & D. MFG. CO.Court of Appeals for the Second Circuit · 1935
- James Heddon's Sons v. Millsite Steel & Wire Works, Inc.District Court, E.D. Michigan · 1940
- Autoline Oil Co. v. Indian Refining Co.District Court, D. Maryland · 1924
8 more not listed; retrieve them via the Exa API.