Kohler Manuf'g Co. v. Beeshore
Court of Appeals for the Third Circuit
Appeál from the Circuit Court of the United States for the Eastern District of Pennsylvania. In Equity. Bill by the Kohler Manufacturing Company, of Baltimore city, against Ellsworth S. Beeshore, for infringement of a trademark. Bill dismissed. S3 Fed. 262. Complainant appeals.
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Appeál from the Circuit Court of the United States for the Eastern District of Pennsylvania. In Equity. Bill by the Kohler Manufacturing Company, of Baltimore city, against Ellsworth S. Beeshore, for infringement of a trademark. Bill dismissed. S3 Fed. 262. Complainant appeals. Statement by SHIBAS, Circuit Justice: During the year 1888 the firm of the Kohler Medicine Company, composed of Louis Yakel and Charles W. Greble, carried on the proprietary medicine business in Baltimore, Md. Among other preparations, the firm made and sold a cough remedy called “Rocky Mountain Cough Syrup.” The…
1Opinion of the CourtShiras, Circuit Justice
It has been more than once held in this circuit that courts of equity will not intervene by injunction in disputes between the owners of quack medicines, meaning thereby remedies or specifics whose composition is kept secret, and which are sold to be used by the purchasers without the advice of regular or licensed physicians. Fowle v. Spear, (Nov. Term, 1847,) 7 Pa. Law J. 176; Heath v. Wright, 3 Wall. Jr. 141. A similar view has prevailed in several state courts. Wolfe v. Burke, 56 N. Y. 115; Smith v. Woodruff, 48 Barb. 438; Laird v. Wilder, 9 Bush, 132. In the present case, the so-called…
2Cases cited10 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- United States v. SteffensSupreme Court of the United States · 1879
- Wolfe v. . BurkeNew York Court of Appeals · 1874
- Ryder v. HoltSupreme Court of the United States · 1888
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- American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
- Hydro-Dynamics, Inc. v. George Putnam & Company, Inc.Court of Appeals for the Federal Circuit · 1987
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
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