Cantrell & Cochrane, Ltd. v. Hygeia Distilled Water Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Cantrell & Cochrane, Limited, against the Hygeia Distilled Water Company, Inc., for an injunction restraining defendant from using a certain label on receptacles containing defendant’s ginger ale. From a decree awarding the injunction prayed for, defendant appeals.
1Opinion of the Court
MAYER, Circuit Judge.
There is really no question of law in this case, and no occasion to reiterate at length familiar principles. Smith-Kline & French Co. v. American Druggists’ Syndicate (C. C. A.) 273 Fed. 84. What is involved is a question of fact; i. e., whether two labels so resemble each other that the alleged infringing label would be likely to deceive the ordinary customer, exercising ordinary care, into believing that he was getting plaintiff’s and not defendant’s ginger *402ale. Usually first impressions, in cases of this character, are the safest guides.
If the decider of the facts,…
2Cases cited2 opinions
- Smith-Kline & French Co. v. American Druggists SyndicateCourt of Appeals for the Second Circuit · 1921
- Cantrell & Cochrane, Ltd. v. ButlerU.S. Circuit Court for the District of Southern New York · 1903
3Cited by3 opinions
- Ward Baking Co. v. Potter-Wrightington, Inc.Court of Appeals for the First Circuit · 1924
- P. E. Sharpless Co. v. Crawford Farms, Inc.Court of Appeals for the Second Circuit · 1923
- Treo Co. v. NovackDistrict Court, S.D. New York · 1952