Apollinaris Brunnen v. Somborn

WHEELER, District Judge.

Upon the hearing of the motion of the orator for a preliminary injunction in this cause, it is considered, that the use, by the defendants, on their labels and bottles, of the word “Apol-linis,” in connection with the representation of a bow and arrow, or anchor, as used by them, on account of the similarity between them and the word “Apollinaris” and the representation of an anchor, as before used by the orator, is calculated to lead those using and dealing in such waters, to suppose that the waters of the defendants, so marked, are the waters of the orator; and, as…