Bluthenthal v. Mohlmann
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Duval County. STAl'EMEM. On May 28, 1904, the appellants Bluthenthal and Bickart filed their bill against the appellee Theodore Mohlmann, alleging in substance that they were manufacturers and dealers in whiskies and other spirituous liquors in the city of Atlanta, Georgia, and for three years last past have manufactured, bottled and sold a certain grade and brand of whiskey put up in a certain style of…
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This case was decided by Division B. Appeal from the Circuit Court for Duval County. STAl'EMEM. On May 28, 1904, the appellants Bluthenthal and Bickart filed their bill against the appellee Theodore Mohlmann, alleging in substance that they were manufacturers and dealers in whiskies and other spirituous liquors in the city of Atlanta, Georgia, and for three years last past have manufactured, bottled and sold a certain grade and brand of whiskey put up in a certain style of half pint clear white glass bottles marked and designed as follows: Blown in the glass of the back of said bottles the…
1Opinion of the CourtHooker, J.
(After starting the facts.)
We are of opinion that the allegations of the bill show that the appellants have rights in the exclusive use of the trade mark of their brand of whiskey cálled “Old Joe,” described in the bill, and we are unable to say,' in the face of the admission by the demurrer of those allegations, that a bare inspection of the exhibits affords sufficient proof to do away with the effect of those admitted allegations. The bill, among other things, alleges that complainants had established a right to use the devices upon the bottles containing the “Old Joe” whiskey as a trade…
2Cases cited4 opinions
- El Modello Cigar Manufacturing Co. v. GatoSupreme Court of Florida · 1889
- Baya v. Town of Lake CitySupreme Court of Florida · 1902
- Jenkins v. GunnisonWisconsin Supreme Court · 1880
- Leidersdorf v. FlintWisconsin Supreme Court · 1880
3Cited by3 opinions
- Godwin v. PhiferSupreme Court of Florida · 1906
- Gillis v. State Live Stock Sanitary BoardSupreme Court of Florida · 1927
- Simms v. PattersonSupreme Court of Florida · 1907