Manitowoc Malting Co. v. Milwaukee Malting Co.
Wisconsin Supreme Court
Appeal from a judgment of the- circuit court for Milwaukee county; Lawuence W. Halsey, Circuit Judge. Tliis is an action in equity to perpetually enjoin the defendant from using in its business a certain symbol or device alleged to be an infringement on tlie plaintiff’s trademark.
Read the full summary
Appeal from a judgment of the- circuit court for Milwaukee county; Lawuence W. Halsey, Circuit Judge. Tliis is an action in equity to perpetually enjoin the defendant from using in its business a certain symbol or device alleged to be an infringement on tlie plaintiff’s trademark. At tke date of the commencement of this action both parties were, and still are, engaged in the manufacture of malt, the plaintiff’s plant being at Manitowoc, and the defendant’s a.t Milwaukee; and both were using what is called the “eight-day process,” by which malt is germinated eight-days, which, it seems, is an…
1Opinion of the Court
Wistslow, J".
The trial court concluded that the plaintiff was entitled to the relief sought on two grounds: first, because the defendant had infringed upon the plaintiff’s trademark; and, second, because the facts showed unfair competition in trade. In the view we have taken of the. case, we find it unnecessary to decide whether the plaintiff’s device constitutes a valid trademark, and our judgment herein is not to be construed as affirming this finding. We are entirely satisfied, however, that the court was right in adjudging the use of the defendant’s device to be unfair competition in…
2Cases cited1 opinion
- Simmons v. TaylorU.S. Circuit Court for the Southern District of Iowa · 1889
3Cited by7 opinions
- Benj. T. Crump Co. v. J. L. Lindsay, Inc.Supreme Court of Virginia · 1921
- Fischer v. Holiday Inn of Rhinelander, Inc.District Court, W.D. Wisconsin · 1973
- Cleveland Opera Co. v. Cleveland Civic Opera Ass'nOhio Court of Appeals · 1926
- Spheeris Sporting Goods, Inc. v. Spheeris on CapitolCourt of Appeals of Wisconsin · 1990
- Riverbank Laboratories v. Hardwood Products Corp.District Court, N.D. Illinois · 1958
2 more not listed; retrieve them via the Exa API.