Legal Opinion

Williams v. Mitchell

Court of Appeals for the Seventh Circuit

Decided January 2, 1901No. Nos. 658, 659PublishedCited by 24 opinions

Appeal and Cross Appeal from the Circuit Court of the United States for the Southern Division of the Northern District of Ulinois. These appeals are from the decree in a suit for injunction against infringement of trade-mark No. 29,775, brought by J. A. Mitchell, C. E. Mitchell, and Henry L. Haskell, co-partners under the name of Ludington Novelty Works, against Edgar L. Williams and Matilda J. Williams, husband and wife, and co-partners under the name of Archarena Company.

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Appeal and Cross Appeal from the Circuit Court of the United States for the Southern Division of the Northern District of Ulinois. These appeals are from the decree in a suit for injunction against infringement of trade-mark No. 29,775, brought by J. A. Mitchell, C. E. Mitchell, and Henry L. Haskell, co-partners under the name of Ludington Novelty Works, against Edgar L. Williams and Matilda J. Williams, husband and wife, and co-partners under the name of Archarena Company. The trade-mark, intended for application to “games or game boards,” as set forth in tbe statement, “consists of the…

1Opinion of the Court

PEE CURIAM.

During the term at which a decree is rendered it is, of course, competent for a party to ask a modification; but a construction of the decree in respect to matters outside the issues it is irregular to ask or to grant. The party, however, who invokes such action may not question the result merely because of the irreg-*170iilarity of practice. In respect to the first and second specifications of error, which are directed to questions of fact only, it is enough to say that the evidence in the record, except as stated below, justifies the- finding of the circuit court.- The third…

2Cases cited7 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
  3. Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
  4. Fuller v. HuffCourt of Appeals for the Second Circuit · 1900
  5. Meyer v. Dr. B. L. Bull Vegetable Medicine Co.Court of Appeals for the Seventh Circuit · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
  2. Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1906
  3. Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
  4. Walter Baker & Co. v. SlackCourt of Appeals for the Seventh Circuit · 1904
  5. Wolf Bros. & Co. v. Hamilton-Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1913

19 more not listed; retrieve them via the Exa API.

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