American Tin Plate Co. v. Licking Roller Mill Co.
U.S. Circuit Court for the District of Kentucky
In Equity. Suit for infringement of trade-mark. This was a proceeding in equity brought to restrain infringement of trademark and unfair competition.
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In Equity. Suit for infringement of trade-mark. This was a proceeding in equity brought to restrain infringement of trademark and unfair competition. About 1840, R. B. Byass, & -Company, at Port Talb.pt, Wales, while engaged in the business of manufacturing terneplate, devised a secret process for its manufacture, and adopted for terneplate made by them under this process a trade-mark consisting of the letters “M. F.” in monogram inclosed within a circle as follows: R, B.- Byass & Company continued the manufacture of this terneplate- at Port Talbot and its sale under the trade-mark “M. F,”…
1Opinion of the Court
COCHRAN, District Judge.
Counsel for defendant emphasizes the fact that the design which the complainant and its predecessor in title have always used1 tó mark the terneplate manufactured and sold by them has been the letters “M. F.” in monogram inclosed within a circle; and that they have never used those letters for that purpose, except in that way. He draws the. conclusion from this circumstance that complainant’s trade-mark is those letters so disposed and accompanied', and not those letters, differently disposed or accompanied. In other words, his position is that its trade-mark is to be…
2Cited by6 opinions
- De Voe Snuff Co. v. WolffCourt of Appeals for the Sixth Circuit · 1913
- Autoline Oil Co. v. Indian Refining Co.District Court, D. Maryland · 1924
- Helen Schy-Man-Ski & Sons v. S. S. S. Co.Court of Customs and Patent Appeals · 1934
- Coca-Cola Co. v. Nehi Corp.Court of Chancery of Delaware · 1942
- Coca-Cola Co. v. Nashville Syrup Co.District Court, D. Tennessee · 1912
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