H. E. Winterton Gum Co. v. Autosales Gum & Chocolate Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. . Suit by the Autosales Gum & Chocolate Company against the H. E. Winterton Gum Company. Decree-for complainant, and defendant appeals.
1Opinion of the Court
KNAPPEN, Circuit Judge.
This is an appeal from an interlocutory decree awarding -injunction and accounting in a suit for unfair competition.
[1] The important facts are these: In 1897 the Colgan Gum Company began manufacturing paper-wrapped chewing gum. In 1908 it began making a brand of gum in the form of thin disks or chips; its first variety being violet-flavored and called “Violet Chips,” its second variety (put out in 1909) being mint-flavored and called “Mint Chips.” The company adopted in 1908 a distinctive package in the form of a round, enameled, and lithographed tin box, about “Ao…
2Cases cited9 opinions
- A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.Supreme Court of the United States · 1906
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
- Samson Cordage Works v. Puritan Cordage MillsCourt of Appeals for the Sixth Circuit · 1914
- W. A. Gaines & Co. v. Turner-Looker Co.Court of Appeals for the Sixth Circuit · 1913
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3Cited by13 opinions
- Mishawaka Rubber & Woolen Mfg. Co. v. S. S. Kresge Co.Court of Appeals for the Sixth Circuit · 1941
- Twachtman v. ConnellyCourt of Appeals for the Sixth Circuit · 1939
- Gum, Inc. v. Gumakers of America, Inc.Court of Appeals for the Third Circuit · 1943
- Auto Acetylene Light Co. v. Prest-O-Lite Co.Court of Appeals for the Sixth Circuit · 1920
- Coalgate Abstract Co. v. Coal County Abstract Co.Supreme Court of Oklahoma · 1937
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