El Modello Cigar Manufacturing Co. v. Gato
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. STATEMENT. This case comes bore upon appeal and cross-appeal from tbe Circuit Court of Duval county.
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Appeal from the Circuit Court for Duval county. STATEMENT. This case comes bore upon appeal and cross-appeal from tbe Circuit Court of Duval county. Tbebill was filed August 6th, 1885, and alleges among other things: That the complainant engaged in and commenced the manufacture and selling cigars at Key "West, Florida, in 1875; that complainant used exclusively Havana tobacco at his factory, and that he established among purchasers, dealers, &c., a high reputation for his cigars, and that his cigars still maintain said high reputation; that the climate of Key West is more favorable to the…
1Opinion of the Court
Mitchell, J.:
The first question to be decided is, did the court below err in overruling the first ground of the demurrer to the bill ?
In discussing the demurrer to the bill counsel for appellants insist that defendants had the right to use the name of G. H. Gato, and that Gato had the right to manufacture cigars, and that G. H. Gato had the right to use his own name in announcing the origin of his cigars, provided no fraud was practiced by him in so doing, and cite the following authorities as sustaining their position: Partridge vs. Menck, 47 Am. Dec., 281, and note; Clark vs. Clark, 25…
2Cases cited15 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Newman v. . AlvordNew York Court of Appeals · 1872
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Peltz v. EicheleSupreme Court of Missouri · 1876
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3Cited by33 opinions
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Tally-Ho, Inc., a Florida Corporation, Plaintiff-Counter-Defendant-Appellant v. Coast Community College District, Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- Aladdin Mfg. Co. v. Mantle Lamp Co. of AmericaCourt of Appeals for the Seventh Circuit · 1941
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- Gregory v. SpiekerCalifornia Supreme Court · 1895
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