Peck Bros. & Co. v. Peck Bros.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant, a corporation of the state of Connecticut, filed its bill against the corporation “Peek Bros. Co.” and the individual defendants, who are its officers and directors, to restrain (1) the use of the name “Peck Bros. & Co.” or “Peck Bros.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant, a corporation of the state of Connecticut, filed its bill against the corporation “Peek Bros. Co.” and the individual defendants, who are its officers and directors, to restrain (1) the use of the name “Peck Bros. & Co.” or “Peck Bros. Co.” or “Peck Bros.” or names substantially identical therewith, in connection with the prosecution of the business of the manufacture, purchase, and sale of plumbing, gas and steam fitting materials and supplies, fixtures, brass and iron goods; (2) from…
1Opinion of the CourtJenkins, Circuit Judge
Upon the evidence in this case, we think we are warranted in saying of this defendant, as we had occasion to say of another corporation under circumstances not dissimilar, that “it was conceived in sin and brought forth in iniquity, that wrong attended at its birth, and that fraud stood sponsor at its christening, imposing upon the corporate child a name to which it was not entitled, and which it had no right to bear.” Kathreiner’s Malzkaffee Fabriken Mit Beschraenkter Haftung v. Pastor Kneip Medicine Co., 27 C. C. A. 351, 82 Fed. 321. The original Connecticut corporation had builded up a…
2Cases cited18 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
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3Cited by37 opinions
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- Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
- Middletown Trust Co. v. Middletown National BankSupreme Court of Connecticut · 1929
- Radio Shack Corporation v. Radio Shack, IncCourt of Appeals for the Seventh Circuit · 1950
- Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
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