Legal Opinion

Iowa Auto Market v. Auto Market & Exchange

Supreme Court of Iowa

Decided March 4, 1924PublishedCited by 16 opinions

Appeal from Polls District Court. — O: S. FrANKliN, Judge. ACTION in equity, to enjoin defendant from the use of the words “Auto Market” in its name, as constituting* an infringement of a trade-mark, and unfair competition. From a judgment dismissing its petition, plaintiff appeals. —

1Opinion of the CourtVermilioN, J.

The' plaintiff and appellant, Iowa Auto Market, is a corporation, and brings this action in equity to enjoin the defendant and appellee from using the name of Auto Market & Exchange, the name under which it is incorporated, or any imitation thereof, or any name in which the name Auto Market appears as a part. Relief is asked upon two grounds: (1) That appellant has filed with the secretary of state, under the provisions of Section 5049 of the Code, a trade-mark and trade name, consisting of the words ‘ ‘ Auto Market, ” to be used in connection with automobiles and accessories; and (2) that…

2Cases cited13 opinions

  1. Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
  2. Koehler v. . SandersNew York Court of Appeals · 1890
  3. Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
  4. Sartor v. SchadenSupreme Court of Iowa · 1904
  5. Atlas Assurance Co. v. Atlas InsuranceSupreme Court of Iowa · 1907

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
  2. Skinner Mfg. Co. v. General Foods Sales Co.District Court, D. Nebraska · 1943
  3. Boice v. StevensonArizona Supreme Court · 1947
  4. Beneficial Industrial Loan Corporation v. KlineCourt of Appeals for the Eighth Circuit · 1942
  5. Personal Finance Co. v. Personal Loan ServiceNebraska Supreme Court · 1937

11 more not listed; retrieve them via the Exa API.

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