Dr. Peter H. Fahrney & Sons Co. v. Ruminer
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. The appellant (complainant in the court below) sought by its bill to restrain the appellees from using as a trade word the words St. Bernard Alpenkrauter; averring that the use of such trade words by appellees, upon appellees’ bottles, and in üieir advertising, is in the nature of unfair competition with appellant’s medicines, sold for the same ailments, and known as Dr. Forni’s Alpenkrauter.
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Appeal from the Circuit Court of the United States for the District of Indiana. The appellant (complainant in the court below) sought by its bill to restrain the appellees from using as a trade word the words St. Bernard Alpenkrauter; averring that the use of such trade words by appellees, upon appellees’ bottles, and in üieir advertising, is in the nature of unfair competition with appellant’s medicines, sold for the same ailments, and known as Dr. Forni’s Alpenkrauter. The Master found that appellant was an organization existing under the laws of the State of Illinois; that appellees were…
1Opinion of the CourtGrosscup, Circuit Judge
We are of the opinion that the Master was not in error when he found that the use of the words St. Bernard’s Alpenkrauter was unfair competition; and we concur with him, that unless relief on account of unclean hands or laches is denied, the injunctive relief prayed for *737ought to have been granted. This reduces this case to the questions, Did appellant come into court with unclean hands ? -And, was he free from laches ?
The second of these questions is easily disposed of. The appellee, Otto Kunath, was appointed April 3rd, 1890, one of the agents for the sale of appellant’s medicines, and…
2Cases cited2 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
3Cited by8 opinions
- Reid, Murdoch & Co. v. H. P. Coffee Co.Court of Appeals for the Eighth Circuit · 1931
- Ansehl v. WilliamsCourt of Appeals for the Eighth Circuit · 1920
- Greyhound Corporation v. RothmanDistrict Court, D. Maryland · 1949
- Noll v. Rinex Laboratories Co.District Court, N.D. Ohio · 1935
- Burrell v. MichauxCourt of Appeals of Texas · 1925
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