Sartor v. Schaden
Supreme Court of Iowa
Appeal from Folic District Court.— Hoar James A. Howe, , J udge. Suit in equity to enjoin defendant from using a trademark or trade-name adopted by plaintiff for a brand of cigars manufactured and sold by him in the city of Des Moines and immediate vicinity. The trial court granted the relief asked, and defendant appeals.
1Opinion of the CourtDeemer, C. J.
The original petition counted -upon a- registered. trade-mark adopted hy plaintiff for his cigars, being the word “ She ” in large letters, which was pasted upon the inside lid of cigar boxes containing cigars manufactured by plaintiff. This was amended by claiming tha.t plaintiff had adopted the word as a trade-name, under which he had huilt up a large demand for his goods, and that defendant was guilty of unfair competition or trade in adopting the same name or label, not only with intent to deceive the public, but for the purpose of securing the trade theretofore established by the…
2Cases cited10 opinions
- American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
- C. F. Simmons Medicine Co. v. Mansfield Drug Co.Tennessee Supreme Court · 1893
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- Walter Baker & Co. v. SandersCourt of Appeals for the Second Circuit · 1897
- Clark Thread Co. v. ArmitageCourt of Appeals for the Second Circuit · 1896
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3Cited by31 opinions
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Saunders System Atlanta Co. v. Drive It Yourself Co.Supreme Court of Georgia · 1924
- Atlas Assurance Co. v. Atlas InsuranceSupreme Court of Iowa · 1907
- Eastern Outfitting Co. v. ManheimWashington Supreme Court · 1910
- Florence A. Pike v. Ruby Foo's Den, Inc., of Maryland, a CoprorationCourt of Appeals for the D.C. Circuit · 1956
26 more not listed; retrieve them via the Exa API.