Carroll v. Ertheiler
United States Circuit Court
Motion for a preliminary injunction. The bill sehfórth that complainant had for over 16 years manufactured smoking tobacco, and had adopted, and continuously and exclusively used during that time, a trade-mark, a prominent characteristic trait of which was the arbitrarily selected word-symbol “Lone Jack;” that he affixed this trademark, by means of printed labels and wrappers, to his smoking tobacco, which was put up in various styles of packages, including the form commonly…
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Motion for a preliminary injunction. The bill sehfórth that complainant had for over 16 years manufactured smoking tobacco, and had adopted, and continuously and exclusively used during that time, a trade-mark, a prominent characteristic trait of which was the arbitrarily selected word-symbol “Lone Jack;” that he affixed this trademark, by means of printed labels and wrappers, to his smoking tobacco, which was put up in various styles of packages, including the form commonly known as cigarettes; that although the said word-symbol “Lone-Jack” was generally used in connection with certain…
1Opinion of the CourtButler, J.
It would be unwise to say more at this time than is necessary to explain the action of the court in disposing of the interlocutory motion now before it. The plaintiff’s exclusive right to the trade-mark, as a designation of his smoking tobacco, is not doubted.
The defence rests upon a denial — -first, that the defendant has used the trade-mark; and, second, that he has used it as a designation of “smoking tobacco.” The second branch may, most conveniently, be noticed first. While the revenue laws, for purposes of taxation, distinguished between smoking tobacco and cigarettes, there is, -we…
2Cited by11 opinions
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Ward Baking Co. v. Potter-Wrightington, Inc.Court of Appeals for the First Circuit · 1924
- Northwestern Knitting Co. v. GaronSupreme Court of Minnesota · 1910
- American Tobacco Co. v. PolacsekU.S. Circuit Court for the District of Southern New York · 1909
- Vick Chemical Co. v. Vick Medicine Co.District Court, S.D. Georgia · 1925
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