Layton Pure Food Co. v. Church & Dwight Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Action by the Church & Dwight Company against the Dayton Pure Food Company. Decree for complainant, and defendant appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
This is an appeal from a decree which enjoins the Dayton Pure Food Company, a corporation, the defendant below, from infringing the trade-mark of the Church & Dwight Company, which consists of the picture of an annular band colored in gilt, red, blue, or any other color. In their pleadings and evidence both parties conceded that such a band was the proper subject of a trade-mark, and the disputed questions relate to title and infringement. The complainant is a corporation which succeeded in 1896 to the property, business, good will, and trade-marks of John Dwight & Co.…
2Cases cited34 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
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3Cited by34 opinions
- Carter-Wallace, Inc. v. Procter & Gamble Co.Court of Appeals for the Ninth Circuit · 1970
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Esso, Inc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1938
- John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
- Huber Baking Company v. Stroehmann Brothers Company and Quality Bakers of America Cooperative, Inc.Court of Appeals for the Second Circuit · 1958
29 more not listed; retrieve them via the Exa API.