Saxlehner v. Nielsen
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill of similar character to those involved in the prior cases, and was brought to enjoin the defendant from selling water under the name of “ Hunyadi Lajos,” or any other name in which the word “ Hunyadi ” occurs, as well as selling such water in bottles or under capsules or labels resembling those of the plaintiff upon her bottles of “Hunyadi Janos” water.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a bill of similar character to those involved in the prior cases, and was brought to enjoin the defendant from selling water under the name of “ Hunyadi Lajos,” or any other name in which the word “ Hunyadi ” occurs, as well as selling such water in bottles or under capsules or labels resembling those of the plaintiff upon her bottles of “Hunyadi Janos” water. The answer pleaded abandonment and laches. The Circuit Court made a similar decree to that in the Eisner and Mendelson suit, enjoining the infringement of…
1Opinion of the CourtJustice Brown
The evidence in this case is much less complete than that in the cases just decided, although its general tendency is much the same. Plaintiff proved the adoption of the name “ Hunyadi ” by certificate of the Municipal Council of Buda-Pesth, dated January 19,1863, authorizing Saxlehner to give his spring the name of “ Hunyadi Spring,” and by other certificates of a similar character.
It was shown that Andreas Saxlehner had used uninterruptedly the trade-mark “ Hunyadi Janos,” ever since 1865; that in 1873 he had registered this trade-mark in Hungary, and that plaintiff had re-registered the…
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