Legal Opinion

W. A. Gaines & Co. v. Rock Spring Distilling Co.

U.S. Circuit Court for the District of Western Kentucky

Decided May 2, 1910PublishedCited by 4 opinions

In Equity. Bill by W. A. Gaines '& Co. against the Rock Spring Distilling Company and others. On petition of the Heilman Distilling Company to intervene, and on sufficiency of defendants’ plea.

1Opinion of the Court

EVANS, District Judge.

In its bill the complainant avers that it is the owner of a trade-mark consisting of the words “Old Crow,” which for a long time it has used in connection with whisky; that as such owner in the year 1909 it applied for and obtained from the Commissioner of Patents a registration of said trade-mark pursuant to the act of Congress in that behalf; and that the defendants at and before the filing of the bill were using the said trade-mark in connection with whisky, thus infringing complainant’s rights greatly to its injury. An injunction and an accounting were prayed. The…

2Cases cited3 opinions

  1. United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
  2. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1840
  3. Horn v. Detroit Dry Dock Co.Supreme Court of the United States · 1893

3Cited by4 opinions

  1. Stratton & Terstegge Co. v. Stiglitz Furnace Co.Court of Appeals of Kentucky (pre-1976) · 1935
  2. Vukelic v. Upper Third Street Savings & Loan Ass'nWisconsin Supreme Court · 1936
  3. Continuous Extracting Press Corp. v. Eastern Cotton Oil Co.District Court, E.D. North Carolina · 1920
  4. Gaines v. Rock Spring Distilling Co.District Court, W.D. Kentucky · 1913

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