Iowa Auto Market v. Auto Market & Exchange
Supreme Court of Iowa
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
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Koehler v. . SandersNew York Court of Appeals · 1890
- Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
- Sartor v. SchadenSupreme Court of Iowa · 1904
- Atlas Assurance Co. v. Atlas InsuranceSupreme Court of Iowa · 1907
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3Cited by16 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Skinner Mfg. Co. v. General Foods Sales Co.District Court, D. Nebraska · 1943
- Boice v. StevensonArizona Supreme Court · 1947
- Beneficial Industrial Loan Corporation v. KlineCourt of Appeals for the Eighth Circuit · 1942
- Personal Finance Co. v. Personal Loan ServiceNebraska Supreme Court · 1937
11 more not listed; retrieve them via the Exa API.