Legal Opinion

McCartney v. Garnhart

Supreme Court of Missouri

Decided March 15, 1870PublishedCited by 4 opinions

Appeal from St. Louis Circuit Court. I. The imitation of an original trade-mark need not be exact-, or .perfect. It may be limited and partial; nor is it requisite-that the whole should be pirated. (44 Mo.. 178 ; 47 Barb. 469 1 Ch. Ap.

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Appeal from St. Louis Circuit Court. I. The imitation of an original trade-mark need not be exact-, or .perfect. It may be limited and partial; nor is it requisite-that the whole should be pirated. (44 Mo.. 178 ; 47 Barb. 469 1 Ch. Ap. Cas. 194.) H. It is not necessary to show that any one has in fact been deceived; for if the'court sees that complainant’s trade-marks are simulated in such a manner as probably to deceive customers or portions of his trade or business, the piracy should be checked at once by information'. (44 Mo; 178 : 2 Sandf. 609 ; 28 Eng. L. & E. 58-4; 3 Sandf. Ch. 586; 25…

1Opinion of the CourtCurrier, Judge

The plaintiffs rectify whisky, and brand a class of their goods with a device which they claim as their trade-mark. The device consists of the representation of two anchors placed near together in an upright position, the upper parts inclining outward, with a rope attachment. Over the device, in circular form, are the initials S. McC. The device and letters are stenciled upon the heads of barrels containing a particular article of whisky, known in the trade as “double anchor,” or “double anchor whisky.”

This suit is brought to enjoin the defendant from using in his whisky trade an alleged…

2Cited by4 opinions

  1. Keller v. B. F. Goodrich Co.Indiana Supreme Court · 1888
  2. Liggett & Myers Tobacco Co. v. Sam. Reid Tobacco Co.Supreme Court of Missouri · 1890
  3. Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1889
  4. Sanders v. JacobMissouri Court of Appeals · 1885

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