Standard Paint Co. v. Rubberoid Roofing Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. Bill by the Standard Paint Company against the Rubberoid Roofing Company and another. From a decree dismissing the bill, complainant appeals.
1Opinion of the Court
MACK, Circuit Judge.
This is an appeal from a decree dismissing a bill of complaint for want of equity. Unlike the suit brought by the complainant in the Eighth circuit (Standard Paint Co. v. Trinidad Asphalt Co., 220 U. S. 446, 31 Sup. Ct. 456, 55 L. Ed. 536, affirming 163 Fed. 977, 90 C. C. A. 195), it is based solely upon alleged unfair competition.
No attempt is made to reopen the question determined by the Supreme Court that the word “Ru-ber-oid” is. a misspelling of rubberoid *696and, as such, is descriptive and, therefore, in its primary signification,, not susceptible of exclusive…
2Cases cited9 opinions
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
- Walter Baker & Co. v. SlackCourt of Appeals for the Seventh Circuit · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Douglas Laboratories Corp. v. Copper Tan, Inc.Court of Appeals for the Second Circuit · 1954
- Wisconsin Electric Co. v. Dumore Co.Court of Appeals for the Sixth Circuit · 1929
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1928
- American Products Co. v. American Products Co.District Court, E.D. Michigan · 1930
- Quality Courts United, Inc. v. Quality Courts, Inc.District Court, M.D. Pennsylvania · 1956
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