Legal Opinion

H. E. Winterton Gum Co. v. Autosales Gum & Chocolate Co.

Court of Appeals for the Sixth Circuit

Decided February 4, 1914No. 2535PublishedCited by 13 opinions

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

  1. A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.Supreme Court of the United States · 1906
  2. Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
  3. Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
  4. Samson Cordage Works v. Puritan Cordage MillsCourt of Appeals for the Sixth Circuit · 1914
  5. W. A. Gaines & Co. v. Turner-Looker Co.Court of Appeals for the Sixth Circuit · 1913

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Mishawaka Rubber & Woolen Mfg. Co. v. S. S. Kresge Co.Court of Appeals for the Sixth Circuit · 1941
  2. Twachtman v. ConnellyCourt of Appeals for the Sixth Circuit · 1939
  3. Gum, Inc. v. Gumakers of America, Inc.Court of Appeals for the Third Circuit · 1943
  4. Auto Acetylene Light Co. v. Prest-O-Lite Co.Court of Appeals for the Sixth Circuit · 1920
  5. Coalgate Abstract Co. v. Coal County Abstract Co.Supreme Court of Oklahoma · 1937

8 more not listed; retrieve them via the Exa API.

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