Dennison Mfg. Co. v. Scharf Tag, Label & Box Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is an appeal from a final decree sustaining a plea of res adjudicata interposed by the defendant to a bill in equity filed by complainant to restrain the infringement of an alleged trade-mark, and in the alternative to restrain the defendant from unfair trade.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is an appeal from a final decree sustaining a plea of res adjudicata interposed by the defendant to a bill in equity filed by complainant to restrain the infringement of an alleged trade-mark, and in the alternative to restrain the defendant from unfair trade. The complainant’s bill, among other things, alleges that it for many years has been engaged in the manufacture and sale of labels, tags, etc.; that among the labels so made and sold in large numbers have been certain labels adapted to use upon…
1Opinion of the CourtLurton, Circuit Judge
1. The merits are not involved. The only question is upon the decree sustaining the plea of res adjudicata.
2. The plea goes to the whole bill. It is consequently too broad if there is any relief possible under the present bill, notwithstanding the thing adjudged which is pleaded in bar.
3. For the purposes of this case we may assume the broadest claims made for the former adjudication, to wit, that it was adjudged that the complainant could not acquire any valid or exclusive right to the numbers used by it or to any such system or method of designating or describing the different kinds of…
2Cases cited6 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Liggett & Myers Tobacco Co. v. FinzerSupreme Court of the United States · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Sylvan Beach, Inc. v. KochCourt of Appeals for the Eighth Circuit · 1944
- Andrew Jergens Co. v. Bonded Products CorporationCourt of Appeals for the Second Circuit · 1927
- Dennison Mfg. Co. v. Scharf Tag, Label & Box Co.Court of Appeals for the Sixth Circuit · 1905
- John Ii Estate, Ltd. v. BrownCourt of Appeals for the Ninth Circuit · 1912
2 more not listed; retrieve them via the Exa API.