Krauss v. Jos. R. Peebles' Sons Co.
U.S. Circuit Court for the District of Southern Ohio
In Equity. Suit by Otto A. Krauss and Krauss, Hart, Felbel & Co. against the Jos. R. Peebles’ Sons Company and Jos. S. Peebles to restrain infringement of trade-mark. On motion for a preliminary injunction. Statement by TAFT, Circuit Judge: This is a motion for a preliminary injunction.
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In Equity. Suit by Otto A. Krauss and Krauss, Hart, Felbel & Co. against the Jos. R. Peebles’ Sons Company and Jos. S. Peebles to restrain infringement of trade-mark. On motion for a preliminary injunction. Statement by TAFT, Circuit Judge: This is a motion for a preliminary injunction. Jurisdiction existed by reason of the diverse citizenship of the parties, the defendants being citizens and resident's of Ohio, Krauss a citizen of New lork, and Krauss, Hart, Fel-bel & Oo. a corporation'organized under the laws of West Virginia. The complainants in their bill sought to restrain the defendants…
1Opinion of the Court
TAFT, Circuit Judge,
(after stating the facts.) For the sake of convenience and brevity, Krauss, Hart, Felbel & Co. will be referred to as Krauss, the Joseph it. Peebles’ Sons Co. as Peebles, and Jas. E. Pepper & Co. as Pepper.
The first question is whether Krauss has the right to bring this action. Ordinarily the mere sale by the maker of an article of merchandise does not entitle the vendee to sue a third person for piracy of his vendor’s trade mark. In the case at bar, Pepper has not assigned his trade-mark to Krauss, for he continues to make whisky, and to bottle it under his trade-mark,…
2Cases cited2 opinions
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Appeal of PrattSupreme Court of Pennsylvania · 1888
3Cited by24 opinions
- Coca-Cola Co. v. BennettCourt of Appeals for the Eighth Circuit · 1916
- Skinner Mfg. Co. v. General Foods Sales Co.District Court, D. Nebraska · 1943
- Coca-Cola Co. v. J. G. Butler & SonsDistrict Court, E.D. Arkansas · 1916
- Hilson Co. v. FosterU.S. Circuit Court for the District of Southern New York · 1897
- California Fig Syrup Co. v. Frederick Stearns & Co.Court of Appeals for the Sixth Circuit · 1896
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