Legal Opinion

Metcalf v. Hanover Star Milling Co.

Court of Appeals for the Fifth Circuit

Decided April 8, 1913No. 2,476PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Middle District of Alabama; Thomas G. Jones, Judge. Suit by the Hanover Star Milling Company against D. D. Metcalf. From a decree granting a temporary injunction, defendant appeals.

1Opinion of the Court

SHEPPARD, District Judge.

This is an appeal from the District Court of the Middle District of Alabama from an order allowing, a temporary injunction against the plaintiff in error, hereafter designated defendant, by the Hanover Star Milling Company, a corporation of Germantown, Ill., hereafter referred to as plaintiff, for infringement and unfair competition under plaintiff’s alleged trade-mark “Tea Rose.”

The bill, in so far as it is necessary to consider to determine the merits of the controversy, charges substantially: That the plaintiff, Hanover Star Milling Company, for 27 years had been…

2Cases cited14 opinions

  1. United States v. SteffensSupreme Court of the United States · 1879
  2. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  3. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  4. Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
  5. Coats v. Merrick Thread Co.Supreme Court of the United States · 1893

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3Cited by3 opinions

  1. Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935
  2. Bayuk Cigars, Inc. v. SchwartzDistrict Court, D. New Jersey · 1932
  3. Wisconsin White Lily Butter Co. v. SaferWisconsin Supreme Court · 1923

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