Legal Opinion

American Grocery Co. v. Sloan

U.S. Circuit Court for the District of Southern New York

Decided May 27, 1895PublishedCited by 8 opinions

This was a suit by the American Grocery Company against Bennett Sloan & Company to restrain the infringement of plaintiff’s trademark. Complainant moved for a preliminary injunction.

1Opinion of the Court

LACOMBE, -Circuit Judge.

In the year 1884, the firm of Thurber, Whyland & Co. devised and adopted a trade-mark for a blend of roasted coffee. The name thus adopted was “Momaja.” This name is suggestive of a composition of Mocha, Maracaibo, and Java coffees, but certainly is not sufficiently descriptive to invalidate it as a trade-mark, under the decisions. See the “Cottolene” case (N. K. Fairbank Co. v. Central Land Co., 64 Fed. 133), and cases *540there cited, sustaining “Maicena,” “Cocoaine,” “Valvoline,” “Bro-midia,” and “Bromo-Caffeine.” The brand was at once put on the market, was extensively…

2Cases cited2 opinions

  1. Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
  2. N. K. Fairbank Co. v. Central Lard Co.U.S. Circuit Court for the District of Southern New York · 1894

3Cited by8 opinions

  1. W. G. Reardon Laboratories, Inc. v. B. & B. Exterminators, Inc.Court of Appeals for the Fourth Circuit · 1934
  2. Enoch Morgan's Sons Co. v. WardCourt of Appeals for the Seventh Circuit · 1907
  3. Charles E. Hires Co. v. Consumers' Co.Court of Appeals for the Seventh Circuit · 1900
  4. Wornova Mfg. Co. v. McCawley & Co.Court of Appeals for the Second Circuit · 1926
  5. N. K. Fairbanks Co. v. Ogden Packing & Provision Co.District Court, D. Utah · 1914

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API