Clinton E. Worden & Co. v. California Fig Syrup Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. The appeal in this case is.from an interlocutory decree in a trade-mark case ordering' ail injunction, and accounting of profits.
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Appeal from the Circuit Court of the United States for the Northern District of California. The appeal in this case is.from an interlocutory decree in a trade-mark case ordering' ail injunction, and accounting of profits. The hill alleges that in 1871) Richard E. Queen invented a medical remedy for constipation, consisting of a solution of plants known to he beneficial to the, human system, and that said preparation became popular and found a ready sale; that the said Queen soon thereafter sold his invention to the complainant, the California Fig Syrup Company, the appellee herein: that this…
1Opinion of the Court
GILBERT, Circuit Judge,
after stating the case as above, delivered the opinion of the comí:.,
The question presented in this case is whether the appellee has so fraudulently represented to the public the nature of the preparation which he has sold under the name of “Syrup of Figs” that a court of equity may not protect him in the use of that name. We are referred to two decisions of the circuit courts of appeals which it is said answer this question in the affirmative. California Fig Syrup Co. v. Frederick Stearns & Co., 20 C. C. A. 22, 73 Fed. 812, 33 L. R. A. 56, and Same v. Putnam, 16 C. C.…
2Cases cited8 opinions
- Von Mumm v. FrashU.S. Circuit Court for the District of Eastern New York · 1893
- California Fig Syrup Co. v. Frederick Stearns & Co.Court of Appeals for the Sixth Circuit · 1896
- Improved Fig Syrup Co. v. California Fig Syrup Co.Court of Appeals for the Ninth Circuit · 1893
- Stuart v. F. G. Stewart Co.Court of Appeals for the Seventh Circuit · 1899
- Cleveland Stone Co. v. WallaceU.S. Circuit Court for the District of Eastern Michigan · 1892
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3Cited by1 opinion
- Rushmore v. SaxonU.S. Circuit Court for the District of Southern New York · 1908