Legal Opinion

Hall Safe & Lock Co. v. Herring-Hall-Marvin Safe Co.

Court of Appeals for the Seventh Circuit

Decided January 11, 1906No. 1,192PublishedCited by 6 opinions

Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The appellant Hall Safe & Lock Company was the complainant below in a bill filed against the appellee, Herring-Hall-Marvin Safe Company, to restrain the use of the name “Hall” in advertisements and otherwise, as descriptive of its business and of the safes manufactured and sold by the appellee.

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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The appellant Hall Safe & Lock Company was the complainant below in a bill filed against the appellee, Herring-Hall-Marvin Safe Company, to restrain the use of the name “Hall” in advertisements and otherwise, as descriptive of its business and of the safes manufactured and sold by the appellee. This appeal, however, is from a decree entered under a cross-bill filed by the appellee for like relief against the appellants, which restrains Hall Safe & Lock Company and James W. Donnell…

1Opinion of the CourtSeaman, Circuit Judge

(after stating the facts). The decree appealed from grants completely the injunctional relief sought in the cross-bill filed by the appellee. Neither the prior decree, dismissing for want of equity the bill of the' appellant Hall Safe & Lock Company, nor the prior injunction, restraining that company from using its corporate name in carrying on the safe and vault business» are brought for review. It is substantially conceded—and in any view unquestionable—that the adoption and use by the appellants of the name Hall Safe & Lock Company was wrongful. The un*234disputed facts—of prior business…

2Cases cited5 opinions

  1. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
  2. Siemens-Halske Electric Co. v. Duncan Electric Mfg. Co.Court of Appeals for the Seventh Circuit · 1905
  3. Anthony v. American Glucose Co.New York Court of Appeals · 1895
  4. Anthony v. . American Glucose CompanyNew York Court of Appeals · 1895
  5. McKinley v. WheelerSupreme Court of the United States · 1889

3Cited by6 opinions

  1. Donnell v. Herring-Hall-Marvin Safe Co.Supreme Court of the United States · 1908
  2. Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
  3. Hat Corporation of America v. DL Davis CorporationDistrict Court, D. Connecticut · 1933
  4. Germo Manufacturing Co. v. CombsMissouri Court of Appeals · 1922
  5. Zagier v. . ZagierSupreme Court of North Carolina · 1914

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