Trappey v. McIlhenny Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Suit in equity by the Mcllhenny Company against B. F. Trappey and others. Decree for complainant, and defendants appeal.
1Opinion of the Court
KING, Circuit Judge.
This appeal is prosecuted to reverse a decree of the United States District Court for the Eastern District of Louisiana, enjoining the appellants (defendants below) from using the word “Tabasco” to describe a pepper-sauce made by .them. The facts, briefly -stated, show that about 1850, Col. Maunsell White began growing in Louisiana certain peppers coming from Mexico, which were called *24Tabasco peppers. From these peppers he made a pepper-sauce known as “Maunsell White Sauce,” and sometimes as “Tabasco Pepper-Sauce.” These sales appear to have ceased by the year 1867.
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2Cases cited28 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
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3Cited by23 opinions
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
- Federal Trade Commission v. BalmeCourt of Appeals for the Second Circuit · 1928
- Coty, Inc. v. Parfums De Grande Luxe, Inc.Court of Appeals for the Second Circuit · 1924
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1928
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