Leidersdorf v. Flint
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The action is brought to restrain the infringement by defendant of plaintiffs’ trade-mark, and for damages. The parties are dealers in tobacco in the city of Milwaukee.
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APPEAL from the County Court of Milwaukee County. The action is brought to restrain the infringement by defendant of plaintiffs’ trade-mark, and for damages. The parties are dealers in tobacco in the city of Milwaukee. It is stated in the complaint that the plaintiffs and their predecessors, to whose rights they have succeeded, for eleven years last past “have manufactured and sold a special article of smoking tobacco, put up in packages of a certain form, in paper wrappers of a particular color and mark, and stamped with the words and name ‘Nigger-Hair Smoking Tobacco,’ and otherwise…
1Opinion of the CourtLyon, J.
Doubtless if the fae-similes of the various trademarks of the parties are disregarded, the complaint states a cause of action in equity for an injunction to restrain the infringement of the plaintiffs’ trade-mark. This is not controverted. But it is urged in support of the demurrer, that, inasmuch as these marks are attached to and really made a part of the complaint, they cannot be disregarded, but have the force and effect of averments; and that they show on their face, notwithstanding averments to the contrary, that no one could be misled, as charged, by the marks used hy the defendant. It…
2Cited by2 opinions
- Copp v. German American Insurance Co.Wisconsin Supreme Court · 1881
- Bluthenthal v. MohlmannSupreme Court of Florida · 1905