Skinner v. Oakes
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. The use of the word “ Oakes” wrongs the appellants and is a fraud upon the public, and its use should be enjoined.— Fetridge v. Wells, 13 How.
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Appeal from the St. Louis Circuit Court, Boyle, J. The use of the word “ Oakes” wrongs the appellants and is a fraud upon the public, and its use should be enjoined.— Fetridge v. Wells, 13 How. Pr. 387, 389,394; Leather Cloth Co. v. American Leather Cloth Go., 11 H. L. Cas. 544, 546; Upton on Trade-Marks, 26-53 ; Oarmichael v. Latimer, 11 R. I. 407-410; Little v. Page, 44 Mo. 412 ; Griffin v. Pugh, 44 Mo. 326. The good will of an establishment is an accessory thereto ; separate therefrom, it is of no value. And the same rule applies to trademarks.”— Upton on Trade-Marks, 27; 2 Pars, on Con.…
1Opinion of the CourtThompson, J.
This was a suit in equity to restrain an alleged piracy of certain trade-marks, and for an account. It appears that prior to May 17, 1869, Hiram S. Probasco and the defendant Peter Oakes were partners, in St. Louis, engaged in the manufacture and sale of candies. On that day they dissolved partnership, Oakes selling out to Probasco, by a contract of sale duly acknowledged and recorded, which conveyed to Probasco, his executors, administrators, and assigns, all of the Oakes interest in the partnership assets, and “ also the good-will of the business and name of the firm of Probasco & Oakes,…
2Cases cited26 opinions
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- Meneely v. . MeneelyNew York Court of Appeals · 1875
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- Peltz v. EicheleSupreme Court of Missouri · 1876
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