Legal Opinion

Gibson Distilling Co. v. Netter

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeal, No. 320PublishedCited by 3 opinions

Appeal, No. 320, Oct. T., 1914, by defendant, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 1014, on bill in equity in case of Gibson Distilling Company v. David Netter, trading as David Netter & Company. Bill in equity for an injunction to restrain the wrongful use of a trade name, and to. enjoin unfair trading. Before Ralston, J. The court found as a fact that the defendant sold a whiskey under the name of “Gibson’s Cabinet......

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Appeal, No. 320, Oct. T., 1914, by defendant, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 1014, on bill in equity in case of Gibson Distilling Company v. David Netter, trading as David Netter & Company. Bill in equity for an injunction to restrain the wrongful use of a trade name, and to. enjoin unfair trading. Before Ralston, J. The court found as a fact that the defendant sold a whiskey under the name of “Gibson’s Cabinet...... Whiskey” and that it was a mixture of prune juice, wine spirits, water and whiskey. The court entered a decree restraining the defendant from…

1Opinion of the Court

Opinion by

Head, J.,

The bill filed in the present case belongs to the not infrequent class in which a plaintiff seeks to prevent the unlawful use of a trade name or trade-mark and to have damages assessed for the alleged piracy. This bill sets forth elaborately and in great detail the nature and character of the alleged invasion by the defendant of the plaintiff’s rights. A responsive answer was filed and the case proceeded regularly to a hearing before his honor, Judge Ralston, of the court below. A mass of testimony was taken, and from a consideration of the whole of it, the learned…

2Cases cited3 opinions

  1. Commonwealth v. ArchbaldSupreme Court of Pennsylvania · 1900
  2. Deal v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1915
  3. Standard Cigar Co. v. GoldsmithSuperior Court of Pennsylvania · 1914

3Cited by3 opinions

  1. Arcadia Theatre Co. v. SabloskySupreme Court of Pennsylvania · 1964
  2. Rowley v. RowleySupreme Court of Pennsylvania · 1928
  3. Hughes v. IrelandSuperior Court of Pennsylvania · 1920

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