A. Cusimano & Co. v. Olive Oil Importing Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; John St. Paul, Judge. Action by A. Cusimano & Co. against the Olive Oil Importing Company, Limited. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtLand, J.
This suit was instituted to recover damages for the alleged fraudulent •and illegal use by defendant of a certain trade-mark for olive oil owned and used by plaintiffs in their business, and known ■as “Chicken Cock,” and the placing on the market for sale a spurious and inferior article of olive oil bearing an imitation or counterfeit of such trade-mark.
Plaintiffs alleged their use of said trademark for 28 years, and that it has a well-known reputation and sale throughout the ■city of New Orleans and various states of the Union.
Plaintiffs further alleged that on January "SSI, 1903, said,…
2Cases cited2 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Wolfe v. BarnettSupreme Court of Louisiana · 1872
3Cited by4 opinions
- New Orleans Coffee Co. v. American Coffee Co.Supreme Court of Louisiana · 1909
- McIlhenny Co. v. BulliardDistrict Court, W.D. Louisiana · 1928
- Coca-Cola Co. v. Vivian Ice, Light & Water Co.Supreme Court of Louisiana · 1922
- Saurage v. Community Stores of Louisiana, Inc.Supreme Court of Louisiana · 1929