Computing Scale Co. v. Standard Computing Scale Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a bill seeking to restrain an alleged infringement of a common-law trade-mark, and for the purpose of restraining unfair competition. The complainant is a corporation organized under the laws of Ohio, and bears the corporate name of the Computing Scale Company. It was incorporated in 1891, and its factory is in Dayton, Ohio.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a bill seeking to restrain an alleged infringement of a common-law trade-mark, and for the purpose of restraining unfair competition. The complainant is a corporation organized under the laws of Ohio, and bears the corporate name of the Computing Scale Company. It was incorporated in 1891, and its factory is in Dayton, Ohio. The defendant is a corporation of the state of Michigan, organized in 1899, and is doing business in Detroit under the corporate name of the Standard Computing Scale Company,…
1Opinion of the CourtLurton, Circuit Judge
The relief prayed by the complainant is sought upon two grounds: First, violation of a specific common-law trade-mark in the words “computing” and “standard,” whether used separately or together; second, unfair competition, irrespective of any technical trade-mark, resulting from the use of the words “computing” and “standard” by the defendant company as a means of misleading or deceiving the public into the parchase of the scale made by the defendant as the scale manufactured by the complainant.
Treating these questions in their order, we have first to find whether the complainant company has…
2Cases cited9 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
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3Cited by34 opinions
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
- Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
- Quaker State Oil Refining Co. v. SteinbergSupreme Court of Pennsylvania · 1936
- Wisconsin Electric Co. v. Dumore Co.Court of Appeals for the Sixth Circuit · 1929
29 more not listed; retrieve them via the Exa API.