Legal Opinion

Royal Baking Powder Co. v. Royal

Court of Appeals for the Sixth Circuit

Decided March 16, 1903No. 1,131PublishedCited by 46 opinions

Appeal from the Circuit Court of the United States for the Western District of Kentucky. This hill was filed to restrain the defendant, R. T. Royal, from using the name “Royal” in connection with a baking powder made by him, upon the ground that the complainant has an exclusive right to designate the baking powder made by it by that trade-name.

Read the full summary

Appeal from the Circuit Court of the United States for the Western District of Kentucky. This hill was filed to restrain the defendant, R. T. Royal, from using the name “Royal” in connection with a baking powder made by him, upon the ground that the complainant has an exclusive right to designate the baking powder made by it by that trade-name. Upon the bill, answer, exhibits, affidavits, and counter affidavits a temporary injunction was granted against the particular label and forms of advertising shown to have been used by defendant. That order was in these words: “And on the 19th day of…

1Opinion of the CourtRurton, Circuit Judge

The complainant seeks to extend the scope of the decree of the Circuit Court so as to keep the defendant, R. T. Royal, from using the name “Royal” in connection with baking powder made by him; the name “Royal” being claimed as exclusively belonging to the baking powder made by it. For many years before the defendant engaged in the business, the complainant (now the appellant) had made a kind of baking powder which it has called “Royal Baking Powder.” By keeping this name conspicuously and persistently before the public, by labels on its cans and boxes, by circulars, posters, and other forms…

2Cases cited16 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
  3. Kidd v. JohnsonSupreme Court of the United States · 1880
  4. Meneely v. . MeneelyNew York Court of Appeals · 1875
  5. N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896

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

3Cited by46 opinions

  1. Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
  2. Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
  3. O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
  4. Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
  5. John B. Stetson Co. v. Stephen L. Stetson Co.Court of Appeals for the Second Circuit · 1942

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API