Johnson & Johnson v. Bauer & Black
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. Johnson & Johnson, the appellant, a corporation existing by virtue of the laws of the state of New Jersey, brought suit in the court below against Bauer & Black, a corporation existing by virtue of the laws of the state of Illinois, to enjoin the alleged infringement of the trade-mark of the appellant, and brings this appeal from a decree dismissing its bill for want of equity.
Read the full summary
Appeal from the Circuit Court of the United States for the Northern District of Illinois. Johnson & Johnson, the appellant, a corporation existing by virtue of the laws of the state of New Jersey, brought suit in the court below against Bauer & Black, a corporation existing by virtue of the laws of the state of Illinois, to enjoin the alleged infringement of the trade-mark of the appellant, and brings this appeal from a decree dismissing its bill for want of equity. The appellant had long been engaged in the manufacture and sale of medicinal and surgical plasters of various kinds, put up in…
1Opinion of the Court
JENTvTXS, Circuit Judge.
We Rave readied a conclusion upon the evidence in this case directly opposed to the finding of the court below. It sufficiently appeared by the testimony that the goods of the appellant have come to be known, and are offered, ordered, and sold, as “lied Cross Plasters”; and we cannot but think that the Maltese cross adopted by the appellee, in so far as it contains a red circle, lias a tendency to promote confusion, and will interfere with the legitimate trade of the appellant. It may be true that those engaged in the trade and acquainted with the manufactures of both…
2Cases cited5 opinions
- N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
- Bell v. BruenSupreme Court of the United States · 1843
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Badger v. RanlettSupreme Court of the United States · 1882
- Burbank v. BigelowSupreme Court of the United States · 1869
3Cited by16 opinions
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
- Kann v. Diamond Steel Co.Court of Appeals for the Eighth Circuit · 1898
- Creswill v. Grand Lodge Knights of PythiasSupreme Court of Georgia · 1910
- Saunders System Atlanta Co. v. Drive It Yourself Co.Supreme Court of Georgia · 1924
- De Voe Snuff Co. v. WolffCourt of Appeals for the Sixth Circuit · 1913
11 more not listed; retrieve them via the Exa API.