Kann v. Diamond Steel Co.
Court of Appeals for the Eighth Circuit
Appeal from tlie Circuit Court of the United States for the Eastern District of Missouri. This is a suit in equity by Myer M. Kann and others, partners under the name of the Pittsburgh Crushed-Steel Company, Limited, against the Diamond Steel Company, to restrain the defendants from imitating complainant^’ trade-mark. From a decree dismissing the suit, complainants appeal.
1Opinion of the Court
SANBORN, Circuit Judge.
This is an appeal from a decree which dismissed a suit in equity that had been brought to restrain the appellees from imitating the trade-mark of the appellant, and from selling their goods marked with that trade-mark or any simulation of it. livery suit of (his character is founded on the fact that the action, or the proposed action, of the defendant has deceived, or is calculated to deceive, ordinary purchasers buying with usual care, so that they have purchased, or will probably purchase, the goods of the defendant under tlie mistaken belief that they are those of…
2Cases cited7 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
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- Cleo Syrup Corporation v. Coca-Cola Co.Court of Appeals for the Eighth Circuit · 1943
- Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
- My-T Fine Corporation v. SamuelsCourt of Appeals for the Second Circuit · 1934
- John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
- Allen B. Wrisley Co. v. Iowa Soap Co.Court of Appeals for the Eighth Circuit · 1903
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