Liggett & Myers Tobacco Co. v. Sam. Reid Tobacco Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge.- (1) It is for the court to compare the marks in a trade-mark case or case of unfair business competition. If to the eye of the court, there is such a resemblance as must have been intended to, or would probably, deceive the ordinary purchaser, an injunction will be granted.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge.- (1) It is for the court to compare the marks in a trade-mark case or case of unfair business competition. If to the eye of the court, there is such a resemblance as must have been intended to, or would probably, deceive the ordinary purchaser, an injunction will be granted. Take the mark first adopted ; look at the supposed infringement; put yourself in the place of the ordinary retail purchaser, might you probably, with the care ordinarily used in purchases so insignificant in value on each sale, take the last for the first,…
1Opinion of the CourtBlack, J.
— This suit was instituted in the Buchanan circuit court to enjoin the defendant from manufacturing, selling or offering for sale plug tobacco having affixed thereto the mark of a star or a mark resembling a star in imitation of plaintiff’s trade-mark. On final hearing of the cause the circuit court dissolved the temporary injunction, gave judgment for defendant, and also assessed damages on the injunction bond and gave judgment therefor in favor ©f the defendant.
From the proofs and admissions made at the hearing it appears the firm of Liggett & Myers had been *59for many years prior to January,…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Newman v. . AlvordNew York Court of Appeals · 1872
- Filley v. FassettSupreme Court of Missouri · 1869
- Shaver v. ShaverSupreme Court of Iowa · 1880
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3Cited by14 opinions
- Better Business Bureau of Kansas City Advertising Club, Inc. v. ChappellMissouri Court of Appeals · 1957
- Oakes v. St. Louis Candy Co.Supreme Court of Missouri · 1898
- Thomas Patrick, Inc. v. KWK Investment Co.Supreme Court of Missouri · 1947
- Osborn Paper Co. v. Carrold Osborn Paper Co.Supreme Court of Missouri · 1950
- A. J. Reach Co. v. Simmons Hardware Co.Missouri Court of Appeals · 1911
9 more not listed; retrieve them via the Exa API.