Legal Opinion

G. & C. Merriam Co. v. Ogilvie

Court of Appeals for the First Circuit

Decided January 30, 1908No. 730PublishedCited by 15 opinions

Appeal from the Circuit Court of the United States for the District of Massachusetts.

1Opinion of the Court

ALDRICH, District Judge.

This case involves a bill and a cross-bill, each party claiming injunction relief against the other. There was an injunction below against each party. The Merriam Company appeal upon the ground that it should not be restrained, and also upon the ground that the injunction against Ogilvie was not broad enough. Ogilvie did not appeal.

Whatever relief either party gets under these proceedings is afforded upon the ground of unfair competition rather than upon any theory of infringement of copyright or protected trade-name. This case does not, in any sense, stand like a case…

2Cases cited3 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. International Silver Co. v. Simeon L. & George H. Rogers Co.U.S. Circuit Court for the District of Connecticut · 1901
  3. Ogilvie v. G. & C. Merriam Co.U.S. Circuit Court for the District of Massachusetts · 1907

3Cited by15 opinions

  1. Atlas Mfg. Co. v. Street & SmithCourt of Appeals for the Eighth Circuit · 1913
  2. American Safety Table Co. v. SchreiberCourt of Appeals for the Second Circuit · 1959
  3. G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1911
  4. New York World's Fair 1939 Inc. v. World's Fair News, Inc.New York Supreme Court · 1937
  5. R. H. MacY & Co. v. Colorado Clothing Mfg. Co.Court of Appeals for the Tenth Circuit · 1934

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