Bolander v. Peterson
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. Bill by appellant to enj oin appellee from using certain words-in imitation of complainant’s trade name.
Read the full summary
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. Bill by appellant to enj oin appellee from using certain words-in imitation of complainant’s trade name. The bill alleges-that in September, 1886, the complainant, dealer in snuffs at No. 196 East Chicago avenue, in the city of Chicago, adopted the words “Svenska Snusmagasinet” as a trade denomination or designation for his store and business, and that. from his store he sold and distributed the Anchor Brand snuffs; that his…
1Opinion of the CourtJustice Shops
The bill in this case does not seek to restrain an infringement of a trade-mark, but the use of imitations of a trade name adopted by appellant. A trade-mark owes its existence to the fact that it is actually affixed to a vendible commodity. (Brown on Trade-Marks, secs. 91, 52, 382, 384.) A trade name is more properly applied to the good will of a business, and no mere sign upon a store or factory, or notice, circular or advertisement, will constitute a trade-mark. Ibid. sees. 91, 521, 536; Candee et al. v. Deere, 54 Ill. 462; Ball v. Siegel, 116 id. 137.
Both parties, here, are dealers in…
2Cases cited2 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Choynski v. CohenCalifornia Supreme Court · 1870
3Cited by10 opinions
- Drive It Yourself Co. v. NorthCourt of Appeals of Maryland · 1925
- Italian Swiss Colony v. Italian Vineyard Co.California Supreme Court · 1910
- Iowa Auto Market v. Auto Market & ExchangeSupreme Court of Iowa · 1924
- Hughes v. West Publishing Co.Appellate Court of Illinois · 1922
- Stover v. PeacockIndiana Court of Appeals · 1924
5 more not listed; retrieve them via the Exa API.