California Fig-Syrup Co. v. Putnam
U.S. Circuit Court for the District of Massachusetts
This was a suit by the California. Pig-Syrup Company against Kate Gardner Putnam and others to restrain the infringement of a trade-mark. The cause was heard on the pleadings and proofs.
1Opinion of the Court
COLT, Circuit Judge.
The; plaintiff is the proprietor and manufacturer of a liqtiid laxative compound called “Syrup of Pigs”. The defendants manufacture and sell a laxative medicine -which they term “Pig Syrup”. The plaintiff claims a trade-mark in the words “Syrup of Pigs” or “Pig Syrup”, and seeks to enjoin tlieir use by the defendants. There is no evidence that the defendants have imitated the plaintiff’s labels or packages except in this particular. If this preparation is in fact a syrup of figs, the words are clearly descriptive, and not the proper subject of a trade-mark. Upon this point…
2Cases cited13 opinions
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Prince Manufacturing Co. v. Prince's Metallic Paint Co.New York Court of Appeals · 1892
- Connell v. ReedMassachusetts Supreme Judicial Court · 1880
- Kohler Manuf'g Co. v. BeeshoreCourt of Appeals for the Third Circuit · 1893
- Krauss v. Jos. R. Peebles' Sons Co.U.S. Circuit Court for the District of Southern Ohio · 1893
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3Cited by3 opinions
- California Fig Syrup Co. v. Frederick Stearns & Co.Court of Appeals for the Sixth Circuit · 1896
- California Fig Syrup Co. v. StearnsU.S. Circuit Court for the District of Eastern Michigan · 1895
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Court of Appeals for the First Circuit · 1906