Sanders v. Utt
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. Although the name as used by appellant is not strictly speaking a trade-mark, yet it comes within the rules applicable to-trade-marks and will be protected as such. — Gamble v. Stevenson, 10 Mo.
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Appeal from the St. Louis Circuit Court, Adams, J. Although the name as used by appellant is not strictly speaking a trade-mark, yet it comes within the rules applicable to-trade-marks and will be protected as such. — Gamble v. Stevenson, 10 Mo. App. 581; Filley v. Fassett, 44 Mo. 178; McCarthy v. Garnhart, 45 Mo. 595. It is apparent that the respondent appropriated a portion of appellant’s trade-mark for an unlawful purpose — that is, for the purpose of deceiving the public and defrauding appellant. This being the case appellant is entitled to be protected against the piracy, even though the…
1Opinion of the CourtLewis, P. J.
The plaintiff is a dentist, practicing his profession in the city of St. Louis. His petition states that, for about twelve years past, he has kept over the entrance to his place of business a sign bearing the words “New York Dental Rooms,” and adds other particulars of fact which are suf*324ficient to vest in him a proprietary right to those words, as descriptive of the place where his business is carried on, if the words themselves are capable of being held in such a right. It is further stated that the defendant is carrying on the business of dentistry at a place about nine squares from the…
2Cases cited4 opinions
- Choynski v. CohenCalifornia Supreme Court · 1870
- Brooklyn White Lead Co. v. MasuryNew York Supreme Court · 1857
- Newman v. AlvordNew York Supreme Court · 1867
- Electro-Silicon Co. v. LevyNew York Supreme Court · 1880
3Cited by8 opinions
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- Cady v. SchultzSupreme Court of Rhode Island · 1895
- In Re Plymouth Motor CorporationCourt of Customs and Patent Appeals · 1931
- Sanders v. JacobMissouri Court of Appeals · 1885
- National Bank in North Kansas City v. Bank of North Kansas CityMissouri Court of Appeals · 1943
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