City of Carlsbad v. Kutnow
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This wa,s a hill in equity by the city of Carlsbad and others against Hermann Kutnow and others, composing the Arm of Kutnow Eros., for an alleged infringement of the trade-mark or trade-name “Carls-, bad. Sprudel Salts.”
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Appeal from the Circuit Court of the United States for the Southern District of New York. This wa,s a hill in equity by the city of Carlsbad and others against Hermann Kutnow and others, composing the Arm of Kutnow Eros., for an alleged infringement of the trade-mark or trade-name “Carls-, bad. Sprudel Salts.” The appeal is from an interlocutory decree of the circuit court, Southern district of New York, enjoining the defendants from using the name “Improved Effervescent Carlsbad Powder,” and the name “Improved Carlsbad,” or the name “Carlsbad,” to designate the preparation heretofore used…
1Opinion of the Court
LACOMBE, Circuit Judge.
The circuit court found: That the complainant the city of Carlsbad is now, -and has been for many years, the sole and exclusive owner of the mineral springs situated at the city of Carlsbad, the waters of which have been known and celebrated for many years for their peculiar and characteristic healing, medicinal, and curative qualities; and that said city is also, and has been for many years, the sole and exclusive owner of the lands on which said springs are located. That many years ago the said city of Carlsbad began to evaporate and prepare the waters of the Carlsbad…
2Cases cited2 opinions
- Ecaubert v. AppletonCourt of Appeals for the Second Circuit · 1895
- City of Carlsbad v. KutnowU.S. Circuit Court for the District of Southern New York · 1895
3Cited by17 opinions
- Otokoyama Co. v. Wine of Japan Import, Inc.Court of Appeals for the Second Circuit · 1999
- George W. Luft Co. v. Zande Cosmetic Co.Court of Appeals for the Second Circuit · 1944
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Hanover Star Milling Co. v. Allen & Wheeler Co.Court of Appeals for the Seventh Circuit · 1913
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