Esselstyn v. Holmes
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by E. E. Esselstyn to enjoin George B. Holmes from using a certain trade name in the sale of coal handled by him. Defendant had judgment, and plaintiff appeals.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by E. E. Esselstyn to enjoin George B. Holmes from using a certain trade name in the sale of coal handled by him. Defendant had judgment, and plaintiff appeals. A competitor in trade will be enjoined from using a name or designation for a product which had theretofore been adopted and used by another, and under which a business had been built up and a demand created for such product under such designation. Injunctive relief in such a case is granted under the principle that it is a fraud for such competitor to…
1Opinion of the CourtChief Justice Brantly
This action was brought to have a determination of the question whether the plaintiff is entitled to the exclusive use of the words “Owl Creek Coal,” as a trade name for the coal mined by the Owl Creek Coal Company and sold by the plaintiff to the public in the city of Helena and vicinity. The Owl Creek Coal Company began to mine coal in the Bighorn Basin, in the state of Wyoming, some time prior to September 1, 1908. About the same time the Kirby Coal Company also began to mine. At that time the plaintiff became the agent of the company, with the exclusive right to sell its product in the…
2Cases cited26 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
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