Listman Mill Co. v. William Listman Milling Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. This is an appeal from an order denying a motion to dissolve a temporary injunction. The question involved is the title or right of the defendant to use a trade-mark or label as a distinctive mark of the flour manufactured by it. The facts are substantially undisputed.
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APPEAL from the Circuit Court for Douglas County. This is an appeal from an order denying a motion to dissolve a temporary injunction. The question involved is the title or right of the defendant to use a trade-mark or label as a distinctive mark of the flour manufactured by it. The facts are substantially undisputed. In December, 1880, William Listman, as a general partner, and three other residents of La Crosse, as special partners, organized a limited partnership for the manufacture of flour in the city of La Crosse. The partnership then acquired a mill site and mill, the title to the real…
1Opinion of the CourtNewman, J.
Only such names, words, and devices as ¡may be held -to be adapted to point out the true source and origin of the goods upon which such marks are used can constitute valid trade-marks. Such words as are merely "descriptive of the kind, nature, character, or quality of the goods cannot be exclusively appropriated and protected as a trade-mark. But a valid trade-mark may consist of some novel device, arbitrary character, or fancy word, applied without special meaning, which by use and reputation comes to serve the same purpose. Such words and devices are held to indicate sufficiently the true…
2Cases cited5 opinions
- Filley v. FassettSupreme Court of Missouri · 1869
- Fish Bros. Wagon v. La Belle Wagon WorksWisconsin Supreme Court · 1892
- Marshall v. PinkhamWisconsin Supreme Court · 1881
- Dunbar v. GlennWisconsin Supreme Court · 1877
- Gessler v. GriebWisconsin Supreme Court · 1891
3Cited by8 opinions
- Palmer v. TomsWisconsin Supreme Court · 1897
- Vredenburg v. Safety Devices Corp.Wisconsin Supreme Court · 1955
- Adam Hat Stores, Inc. v. ScherperDistrict Court, E.D. Wisconsin · 1942
- Riverbank Laboratories v. Hardwood Products Corp.District Court, N.D. Illinois · 1958
- Jarvaise Academy of Beauty Culture v. St. Paul Institute of Cosmetology, Inc.Supreme Court of Minnesota · 1931
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