Stuart v. F. G. Stewart Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. . This is a bill in equity filed by Frank A. Stuart, the appellant, to restrain the appellees from using the name “Dr. Stewart’s Dyspepsia Tablets” upon any remedy manufactured, sold, or offered for sale by them for the cure of dyspepsia. Upon the coming in of the answer the case was referred to a master to report the evidence and his conclusions.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. . This is a bill in equity filed by Frank A. Stuart, the appellant, to restrain the appellees from using the name “Dr. Stewart’s Dyspepsia Tablets” upon any remedy manufactured, sold, or offered for sale by them for the cure of dyspepsia. Upon the coming in of the answer the case was referred to a master to report the evidence and his conclusions. He reported in favor of the dismissal of the bill, and upon exceptions filed, and a hearing, a decree was passed sustaining the master’s report, and dismissing…
1Opinion of the CourtJenkins, Circuit Judge
Both the court below and the master treated this case as a trademark case, pure and simple. We are not prepared to say, and it is not necessary to say, that upon that postulate this decree could be sustained. It is a simple matter, upon comparison of the two trade-mark wrappers, to observe dissimilarities, but that is not the test of infringement. The purchaser has not the advantage of comparison. We observed in Pillsbury v. Flour-Mills Co., 24 U. S. App. 395, 407, 12 C. C. A. 432, 438, and 64 Fed. 841, 847:
“A specific article of approved excellence comes to be known by certain catchwords…
2Cases cited11 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Meneely v. . MeneelyNew York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Royal Baking Powder Co. v. RoyalCourt of Appeals for the Sixth Circuit · 1903
- Peck Bros. & Co. v. Peck Bros.Court of Appeals for the Seventh Circuit · 1902
- Wright Restaurant Co. v. Seattle Restaurant Co.Washington Supreme Court · 1912
- Chickering v. Chickering & SonsCourt of Appeals for the Seventh Circuit · 1903
- Bender v. Bender Store & Office Fixture Co.Appellate Court of Illinois · 1913
4 more not listed; retrieve them via the Exa API.