Legal Opinion

McIlhenny Co. v. Gaidry

Court of Appeals for the Fifth Circuit

Decided July 29, 1918No. 3157PublishedCited by 14 opinions

In Error and Cross-Error to the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Action by Rowell R. Gaidry against the Mcllhenny Company. Judgment for plaintiff, and each party brings error.

1Opinion of the Court

WALKER, Circuit Judge.

This was an action by Lowell R. Gaidry, a citizen of Louisiana and a manufacturer of a sauce called “Tabasco Pepper Sauce,” against Mcllhenny Company, a corporation organized under the laws of the state of Maine, to recover damages for alleged wrongful conduct of the defendant in interfering with the plaintiff’s business, by falsely and in bad faith representing, by papers, circulars, and letters, to dealers throughout the country, including those who have handled the plaintiff’s product, that the defendant has an exclusive trade-mark right in the name “Tabasco,” and…

2Cases cited11 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  3. Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
  4. Baglin v. Cusenier Co.Supreme Court of the United States · 1911
  5. John W. Lovell Co. v. HoughtonNew York Court of Appeals · 1889

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

3Cited by14 opinions

  1. LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
  2. Atlantic Monthly Company v. Frederick Ungar Publishing Co.District Court, S.D. New York · 1961
  3. Trappey v. McIlhenny Co.Court of Appeals for the Fifth Circuit · 1922
  4. Hahn & Clay v. A. O. Smith Corporation, A. O. Smith Corporation v. Hahn & Clay, Lawrence F. Megow, and Raymond E. PechacekCourt of Appeals for the Fifth Circuit · 1963
  5. Tillman & Bendel v. California Packing CorporationCourt of Appeals for the Ninth Circuit · 1933

9 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