Rickard v. Caton College Co.
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Hennepin county, Harrison, J., denying a motion for a new trial. It is well established by the authorities that words merely descriptive of the character, quality, or composition of an article cannot be monopolized as a trade mark. J. R. Watkins Medical Co. v. Sands, 83 Minn. 326; Van Beil v. Prescott, 82 N. Y. 630; Caswell v. Davis, 58 N. Y. 223; Amoskeag Mnfg.
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Appeal by defendants from an order of the district court for Hennepin county, Harrison, J., denying a motion for a new trial. It is well established by the authorities that words merely descriptive of the character, quality, or composition of an article cannot be monopolized as a trade mark. J. R. Watkins Medical Co. v. Sands, 83 Minn. 326; Van Beil v. Prescott, 82 N. Y. 630; Caswell v. Davis, 58 N. Y. 223; Amoskeag Mnfg. Co. v. Trainer, 101 U. S. 64; Brown Chemical Co. v. Meyer, 139 U. S. 540; Taylor v. Gillies, 59 N. Y. 331; Royal v. Sherrell, 93 N. Y. 331; Lawrence Mnfg. Co. v. Tennessee…
1Opinion of the CourtLovely, J.
This is a suit to restrain the use by defendants of a business sign and advertising devices adopted as a trade-name by plaintiffs.
The cause was tried to the court, who made findings of fact, and held as a conclusion of law that plaintiffs were entitled to the relief demanded in the complaint, ordering that a permanent injunction be issued to restrain the defendants from maintaining an obnoxious sign on their building in Minneapolis, and forbidding them to imitate or appropriate the business name previously used by plaintiffs to advertise the commercial college or school operated by them.…
2Cases cited6 opinions
- Keller v. B. F. Goodrich Co.Indiana Supreme Court · 1888
- Pierce v. GuittardCalifornia Supreme Court · 1885
- Merchants' Detective Ass'n v. Detective Mercantile AgencyAppellate Court of Illinois · 1888
- Robertson v. BerryCourt of Appeals of Maryland · 1879
- Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Northwestern Knitting Co. v. GaronSupreme Court of Minnesota · 1910
- Rodseth v. Northwestern Marble WorksSupreme Court of Minnesota · 1915
- Bernstein v. FriedmanWyoming Supreme Court · 1945
- Nesne v. SundetSupreme Court of Minnesota · 1904
- Benevolent & Protective Order of Elks of the United States of America v. Improved Benevolent & Protective Order of Elks of the WorldTennessee Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.