Hanover Star Milling Co. v. Allen & Wheeler Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. •Suit in equity by the Hanover Star Milling Company against the Allen & Wheeler Company. From an order granting a preliminary injunction, defendant appeals.
1Opinion of the Court
BAKER, Circuit Judge.
This is an appeal from a preliminary injunction. Bill, affidavits, counter affidavits, and exhibits disclose the following facts:
Complainant (appellee), an Ohio corporation, owns and operates a flour mill at Troy, Ohio. Since 1872 it has used the words “Tea Rose” as a common-law trade-mark to designate one of its makes of flour. Though its bill and affidavits say generally that its trade extended throughout the United States, the only particulars exhibited disclose that its trade was within the territory north of the Ohio river. And the showing of defendant clearly…
2Cases cited15 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
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3Cited by37 opinions
- Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
- Southland Life Insurance v. EganTexas Supreme Court · 1935
- Joyce Marie Clemons, an Infant by Gertrude Clemons, Her Mother and Next Friend v. The Board of Education of Hillsboro, Ohio, a Body CorporateCourt of Appeals for the Sixth Circuit · 1956
- Tandy Corporation v. Malone & Hyde, Inc.Court of Appeals for the Sixth Circuit · 1985
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
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