Legal Opinion
H. Mueller Mfg. Co. v. A. Y. McDonaly & Morrison Mfg. Co.
U.S. Circuit Court for the District of Northern Iowa
Decided October 14, 1908No. 236PublishedCited by 2 opinions
In Equity. On final hearing. The parties to this suit are the same as in No. 235, just decided, and it is to restrain an alleged infringement of a trade-mark, unfair competition in trade, and for an accounting. Defense, noninfringement and denial of the alleged unfair competition.
1Opinion of the Court
REED, District Judge.
The complainant and defendant are rival manufacturers of, and dealers in, plumbers’ goods. The controversy was before the court at a former date upon application by complainant for a preliminary injunction, which was denied. H. Mueller Mfg. Co. v. A. Y. McDonaly & Morrison Mfg. Co. (C. C.) 132 Fed. 585. It was there said:
“The letters adopted by the complainant and defendant as their respective trade-marks are the initials of the principal words or names comprising the corporate name of each. Assuming, without deciding, that complainant had acquired the prior right to the…
2Cases cited4 opinions
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- H. Mueller Mfg. Co. v. A. Y. McDonaly & Morrison Mfg. Co.U.S. Circuit Court for the District of Northern Iowa · 1904
3Cited by2 opinions
- A. Y. McDonald & Morrison Mfg. Co. v. H. Mueller Mfg. Co.Court of Appeals for the Eighth Circuit · 1910
- Union Fishermen's Co-op. Packing Co. v. Point Adams Packing Co.Oregon Supreme Court · 1923