Legal Opinion

Charles E. Hires Co. v. Villepigue

Court of Appeals for the Eighth Circuit

Decided May 14, 1912No. 3,649Published

Appeal from the Circuit Court of the United States for the District of Kansas. Suit in equity by the Charles E. Hires Company against August P. Villepigue. Decree for defendant, and complainant appeals.

1Opinion of the Court

CARLAND, Circuit Judge.

This action was instituted to restrain what is alleged to have been fraudulent and unfair business competition in the use by appellee of appellant’s trade-name. The Circuit Court on final hearing dismissed the bill. The facts which in our judgment compel the affirmation of the judgment of dismissal appear in the record as follows:

From 1877 to 1890 Charles E. Hires was engaged in the manufacture of root beer preparations. In 1890 he sold his business, together with formulas, to the Charles E. Hires Company, the appellant herein. Since 1890 the appellant has been engaged…

2Cases cited8 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  3. Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
  4. N. K. Fairbank Co. v. WindsorCourt of Appeals for the Second Circuit · 1903
  5. Day v. WebsterAppellate Division of the Supreme Court of the State of New York · 1897

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