Legal Opinion

Atwater v. Castner

Court of Appeals for the First Circuit

Decided June 1, 1898No. 239Published

Appeal from the Circuit Court of the United States for the District of Massachusetts.

1Opinion of the Court

PUTNAM, Circuit Judge.

This is an appeal from an order granting a temporary injunction, and relates to an alleged trade-mark or trade-name, “Pocahontas/’ used in the coal traffic. This has been used for fully 20 years by the complainants below, and their predecessors in title, in a very extensive trade, with unbroken public acquiescence, until the controversy out of which this litigation arose in this circuit and in the Fourth circuit. It does not indicate merely that the complainants below are the producers of the coal sold, but quite as much that it is sorted and put on the market under…

2Cases cited7 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872
  3. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  4. Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
  5. Davis Electrical Works v. Edison Electric Light Co.Court of Appeals for the First Circuit · 1894

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