La Republique Francaise v. Schultz
U.S. Circuit Court for the District of Southern New York
This was a suit by La Republique Francaise and others against Louise Schultz, executrix, for alleged infringement of rights in a trade-name.
1Opinion of the Court
WALLACE, Circuit Judge.
Upon the proofs in this case it is clear that the name “Vichy” is not a trade-mark or trade-name of the complainants in the strict legal sense of the term, but is a geographical name, applied by them as well as various other owners of mineral springs at or near Vichy, in the department of Allier, France, to designate the locality of origin, and indicate the general characteristics of the waters. The bill can only be maintained upon the theory of unfair competition by the defendants and their testator in applying that name to the artificial mineral water manufactured and…
2Cases cited7 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Lane & Bodley Co. v. LockeSupreme Court of the United States · 1893
- Newman v. . AlvordNew York Court of Appeals · 1872
- Woodmanse & Hewitt Manuf'g Co. v. WilliamsCourt of Appeals for the Sixth Circuit · 1895
- McLaughlin v. People's Railway Co.U.S. Circuit Court for the District of Eastern Missouri · 1884
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3Cited by6 opinions
- Pfizer Inc. v. Government of IndiaSupreme Court of the United States · 1978
- Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
- Saxlehner v. WagnerCourt of Appeals for the Sixth Circuit · 1907
- La Republique Francaise v. Saratoga Vichy Spring Co.U.S. Circuit Court for the District of Northern New York · 1900
- La Republique Francaise v. HegemanU.S. Circuit Court for the District of Southern New York · 1902
1 more not listed; retrieve them via the Exa API.