Marshall Mfg. Co. v. Verhalen

BOND, Chief Justice.

Appellant, as plaintiff below, instituted this suit against Walter Verhalen et al. for infringement of its trade-mark on bushel and half-bushel fruit and vegetable shipping baskets, and for unfair competition in that respect, for injunction, and for damages. At the conclusion of plaintiff’s evidence, on motion of the defendants, the trial court peremptorily instructed the jury to return a verdict against the appellant and, in judgment, denied it the relief sought.

The trade-mark of appellant’s baskets is one continuous red stave extending down one side of the baskets, under…