Garrett & Co. v. A. Schmidt, Jr., & Bros. Wine Co.
District Court, N.D. Ohio
In Equity. Suit by Garrett & Co., Incorporated, against the A. Schmidt, Jr., & Bros. Wine Company. Decree for complainant.
1Opinion of the Court
WESTENHAVER, District Judge.
Complainant files its bill to restrain infringement of a registered trade-mark, consisting of the words “Virginia Dare,” as applied to a light-colored sweet wine. Its bill also contains allegations tending to' show a common-law trademark in the same words, and charges generally unfair competition. Allegations of diversity of citizenship and amount in dispute are also made, which give this court jurisdiction independently of the registration of the trade-mark. Defendant’s answer denies infringement and unfair competition, and makes a defense of laches and the…
2Cases cited19 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
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3Cited by9 opinions
- Western Oil Refining Co. v. JonesCourt of Appeals for the Sixth Circuit · 1928
- Oil Conservation Engineering Co. v. Brooks Engineering Co.Court of Appeals for the Sixth Circuit · 1931
- Wallace & Co. v. Repetti, Inc.Court of Appeals for the Second Circuit · 1920
- Coca-Cola Co. v. Carlisle Bottling WorksDistrict Court, E.D. Kentucky · 1929
- Apex Electrical Mfg. Co. v. Landers, Frary & ClarkCourt of Customs and Patent Appeals · 1930
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