Computing Cheese Cutter Co. v. Dunn
Indiana Court of Appeals
From Madison Circuit Court; John F. McClure, .Judge. Suit by the Computing Cheese Cutter Company against Frank P. Dunn and others. From a judgment for defendants, plaintiff appeals.
1Dissent
Dissenting Opinion.
Comstock, P. J.
The allegations of the complaint characterize the acts of appellees as fraudulent, but there are no direct allegations of facts sufficient to constitute fraud. It must be presumed, in the absence of any averment of fact to the contrary, that the appellees have the right to manufacture the cheese cutter in question, and at Anderson.
A trade-mark must have some physical connection with the goods, so that the mark goes with the goods into the market. The same rule applies to trade-names. Jay v. Ladler (1888), 40 Ch. Div. 649; Singer Mfg. Co. v. Wilson (1876), 2…
2Cases cited17 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Hazelton Boiler Co. v. Hazelton Tripod Boiler Co.Illinois Supreme Court · 1892
- Computing Scale Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1902
- Fuller v. HuffCourt of Appeals for the Second Circuit · 1900
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