Dunbar v. Glenn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwatilcee County. The pleadings in this action are here stated in the language employed for that purpose by Mr. Justice Cole in his opinion as originally prepared: “The complaint alleges, in substance, that the plaintiff has, for upwards of seven years last past, been the owner of a certain mineral spring in the village of Waukesha, known by the name of, and generally called, the £ Bethesda Mineral Spring,’ the waters of which are of great…
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APPEAL from the Circuit Court for Milwatilcee County. The pleadings in this action are here stated in the language employed for that purpose by Mr. Justice Cole in his opinion as originally prepared: “The complaint alleges, in substance, that the plaintiff has, for upwards of seven years last past, been the owner of a certain mineral spring in the village of Waukesha, known by the name of, and generally called, the £ Bethesda Mineral Spring,’ the waters of which are of great virtue in the cure of diseases, and are widely known throughout the United States for their curative properties, and…
1Opinion of the CourtCole, J.
Upon principles which courts of equity have often recognized and enforced, we are satisfied that the plaintiff is entitled to an injunction restraining the defendants from selling, or procuring or offering to be sold, any mineral water represented as being “ Bethesda Mineral Water,” or the water dealt in or sold by the plaintiff, whether so represented by way of trade-mark, label or other simulated device. This is a part of the relief demanded in the complaint, and to which, upon the facts, we think she is entitled.
The law in relation to trade-marks has frequently been the subject of…
2Cases cited8 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Caswell v. . DavisNew York Court of Appeals · 1874
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
- Stokes v. LandgraffNew York Supreme Court · 1853
- Choynski v. CohenCalifornia Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marshall v. PinkhamWisconsin Supreme Court · 1881
- Merchants' Detective Ass'n v. Detective Mercantile AgencyAppellate Court of Illinois · 1888
- Listman Mill Co. v. William Listman Milling Co.Wisconsin Supreme Court · 1894
- Avenarius v. KornelyWisconsin Supreme Court · 1909
- Manitou Springs Mineral Water Co. v. SchuelerCourt of Appeals for the Eighth Circuit · 1917
3 more not listed; retrieve them via the Exa API.