Lo Buono v. Viviano & Bros.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Glendy B. Arnold, Judge. (1) Where a case is tried before the court without a jury, it is reversible error for tbp court to fail or refuse to rule on an objection made by a party to testimony either at the time or afterwards. Asbury v. Hicklin, 181 Mo. 658, 670; Seafield v. Bohne, 169 Mo. 537, 546; Stone v. Fry, 191 Mo.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Glendy B. Arnold, Judge. (1) Where a case is tried before the court without a jury, it is reversible error for tbp court to fail or refuse to rule on an objection made by a party to testimony either at the time or afterwards. Asbury v. Hicklin, 181 Mo. 658, 670; Seafield v. Bohne, 169 Mo. 537, 546; Stone v. Fry, 191 Mo. App. 607. (2) The name of a place or locality cannot be exclusively appropriated as a trade mark or trade name, because such a term is generic or descriptive and any one who can do so truthfully is entitled to use…
1Opinion of the CourtAllen, J.
This is a suit in equity wherein plaintiffs seek injunctive relief against the defendant corporation, together with an accounting and damages, because of certain alleged wrongful acts of defendant charged to constitute unfair competition with plaintiffs in their business. Upon an order to show cause the court issued a temporary restraining order which remained in force until a full hearing -was had upon the merits. The latter -trial resulted in a decree for plaintiffs, to be hereafter noticed, from which defendant prosecutes the appeal before us.
The petition alleges that plaintiffs Augustino…
2Cases cited11 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Donnell v. Herring-Hall-Marvin Safe Co.Supreme Court of the United States · 1908
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
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3Cited by6 opinions
- Cook Chemical Co. v. Cook Paint & Varnish Co.Court of Appeals for the Eighth Circuit · 1950
- Dutcher v. HarkerMissouri Court of Appeals · 1964
- Osborn Paper Co. v. Carrold Osborn Paper Co.Supreme Court of Missouri · 1950
- Simplified Tax Records, Inc. v. GantzMissouri Court of Appeals · 1960
- Cook Paint & Varnish Co. v. Cook Chemical Co.District Court, W.D. Missouri · 1949
1 more not listed; retrieve them via the Exa API.