G. Heileman Brewing Co. v. Independent Brewing Co.
Court of Appeals for the Ninth Circuit
Appeal fom the Circuit Court of the United States for the Northern Division of the Western District of Washington. Suit by the G. H'eileman Brewing Company against the Independent Brewing Company. Decree for defendant, and complainant appeals. This cause comes here on demurrer to the hill of complaint; the demurrer ■ having been sustained and the bill dismissed.
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Appeal fom the Circuit Court of the United States for the Northern Division of the Western District of Washington. Suit by the G. H'eileman Brewing Company against the Independent Brewing Company. Decree for defendant, and complainant appeals. This cause comes here on demurrer to the hill of complaint; the demurrer ■ having been sustained and the bill dismissed. The complaint sets forth, in effect, omitting the formal parts, that complainant has for more than eight years preceding the commencement of the suit manufactured at La Orosse, in the state of AVisconsin, a certain high quality of…
1Opinion of the CourtWolverton, District Judge
(after stating the fact's as above). [1] The appellee insists at the outset that the hill of complaint states .a cause of suit for the infringement of a trade-mark only, and not at all for unfair competition in trade. In this we think counsel is in error. A suit for unfair competition may be maintained where there is no lawful trade-mark involved, which consists essentially in palming the goods of one manufacturer or vendor off for the goods of another. This is a fraud not only upon the manufacturer whose goods are assimilated and replaced in the market, but upon the general public as well,…
2Cases cited11 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Connell v. ReedMassachusetts Supreme Judicial Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Levi Strauss & Co. v. Blue Bell, Inc.Court of Appeals for the Ninth Circuit · 1980
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Republic Molding Corp. v. B. W. Photo UtilitiesCourt of Appeals for the Ninth Circuit · 1963
- David Sherman Corporation, Doing Business as the Sarnoff Company v. Heublein, Inc., Doing Business as Ste Pierre Smirnoff, FlsCourt of Appeals for the Eighth Circuit · 1965
- Samson Cordage Works v. Puritan Cordage MillsCourt of Appeals for the Sixth Circuit · 1914
7 more not listed; retrieve them via the Exa API.