Brown Chemical Co. v. Meyer
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This was a suit iu equity instituted by the Brown. Chemical Company, a corporation organized under the laws of Maryland, against the firm of Meyer Brothers and Co., of St. Louis, in the State of Missouri, to restrain an unfair competition in trade.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This was a suit iu equity instituted by the Brown. Chemical Company, a corporation organized under the laws of Maryland, against the firm of Meyer Brothers and Co., of St. Louis, in the State of Missouri, to restrain an unfair competition in trade. The bill averred, in substance, that plaintiff had been engaged in the preparation of a certain medicine, which had acquired a high reputation as a remedy for the prevention and cure of many diseases; that in 1879 it devised and used a certain label, consisting…
1Opinion of the CourtJustice Brown
The general proposition is well established that words which are merely descriptive of the character, qualities or composition of an article, or of the place where it is manufactured or produced, cannot be monopolized as a trade mark; Canal Company v. Clark, 13 Wall. 311; Manufacturing Company v. Trainer, 101 U. S. 51; Caswell v. Davis, 35 N. Y. 281; Thomson v. Winchester, 19 Pick. 214; Raggett v. Findlater, L. R. 17 Eq. 29; and we think the words “ Iron Bitters ” are so far indicative of the ingredients, characteristics and purposes of the plaintiff’s preparation as to fall within the scope…
2Cases cited10 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
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3Cited by186 opinions
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- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
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