Menendez v. Holt
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT Of NEW YORK. The case, as stated by the court, was as follows: — Appellees, partners in business under the -firm name of Holt & Company, filed their bill of complaint July IT, 1882, against appellants, engaged in business under the. firm name of José Menendez & Brother, alleging that they were dealers in and bought and sold flour and grain; tfiat Robert S. Holt had theretofore been for more than…
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT Of NEW YORK. The case, as stated by the court, was as follows: — Appellees, partners in business under the -firm name of Holt & Company, filed their bill of complaint July IT, 1882, against appellants, engaged in business under the. firm name of José Menendez & Brother, alleging that they were dealers in and bought and sold flour and grain; tfiat Robert S. Holt had theretofore been for more than twenty-five years at the head' of the firm of Holt & Company, which firm had from time to time been changed or dissolved by…
1Opinion of the CourtChief Justice Fullee
A. reversal of the decree in this case is asked on the grounds ■ that the words “ La Favorita,” as-used by the complainants; cannot be protected as a trade-mark; that there has been • no infringement; that the words had been used as a brand before ' being used by Holt & Co.; that the title of Holt & Co. was not superior to that of S. O. Ryder ; and that whatever rights complainants may once have had had been forfeited by laches.
The fact that Holt & Co. were not the actual manufacturers of the flour upon which they had for years placed the brand in question, does not deprive them of the right…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Taylor v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1844
- Gillott v. . EsterbrookNew York Court of Appeals · 1872
- Gillott v. EsterbrookNew York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by470 opinions
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
- register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
465 more not listed; retrieve them via the Exa API.