Motor Accessories Manufacturing Co. v. Marshalltown Motor Material Manufacturing Co.
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. Clarence Nichols, Judge. Action to enjoin tbe defendant from manufacturing or selling a certain spark plug, claimed to be made in imitation of spark plugs manufactured by the plaintiffs, alleging that the same contain special features which distinguished plaintiff’s manufactured article from all others, and to enjoin the defendant from using its corporate name, claiming that the same resembled plaintiff’s to such an extent that it…
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Appeal from Marshall District Court. — Hon. Clarence Nichols, Judge. Action to enjoin tbe defendant from manufacturing or selling a certain spark plug, claimed to be made in imitation of spark plugs manufactured by the plaintiffs, alleging that the same contain special features which distinguished plaintiff’s manufactured article from all others, and to enjoin the defendant from using its corporate name, claiming that the same resembled plaintiff’s to such an extent that it caused confusion to the publie mind, thereby injuring plaintiff’s business. Decree for the defendant dismissing'…
1Opinion of the CourtGaynor, J.
Prior to February, 1910, tbe original plaintiffs in this suit, E. J. Beeve and Charles C. Eldridge, were engaged in the business of selling automobiles at Marshall-town, Iowa. About February, 1910, they began the manufacture of spark plugs in connection with one C. F. Johnson, under the trade-name of Motor Accessory Manufacturing Company. As then organized, it constituted a copartnership. On the id day of June, 1911, as such, they filed a petition in the district court of Marshalltown, in which they prayed for an injunction against the defendant, alleging, among other things, that Yiggo N.…
2Cases cited4 opinions
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- Sartor v. SchadenSupreme Court of Iowa · 1904
- Warren Featherbone Co. v. American Featherbone Co.Court of Appeals for the Seventh Circuit · 1905
3Cited by14 opinions
- Basic Chemicals, Inc. v. BensonSupreme Court of Iowa · 1977
- Iowa Health System v. Trinity Health Corp.District Court, N.D. Iowa · 2001
- Drive It Yourself Co. v. NorthCourt of Appeals of Maryland · 1925
- Beneficial Industrial Loan Corporation v. KlineCourt of Appeals for the Eighth Circuit · 1942
- Lapointe Machine Tool Co. v. J. N. Lapointe Co.Supreme Judicial Court of Maine · 1916
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