American Brewing Co. v. St. Louis Brewing Co.
Missouri Court of Appeals
Appeal from the Bt. Louis City Circuit Court. — IIon. James E. Withrow, Judge. (1) While it is true, as a rule, a geographical name cannot be so far appropriated as a trade-name by one person, as to prohibit other dealers or manufacturers in the same locality from selling their ware as coming from such locality, yet such inhibition applies only to the use of the name of the place where manufactured.
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Appeal from the Bt. Louis City Circuit Court. — IIon. James E. Withrow, Judge. (1) While it is true, as a rule, a geographical name cannot be so far appropriated as a trade-name by one person, as to prohibit other dealers or manufacturers in the same locality from selling their ware as coming from such locality, yet such inhibition applies only to the use of the name of the place where manufactured. The name of any other locality may properly become the subject of a trademark. Banders v. Utt, 16 Mo. App. 322. And the rule suffers further exception when the word adopted distinctly points to…
1Opinion of the CourtRombauer, P. J.
Both the plaintiff and the defendant are corporations engaged in brewing beer and selling it in the city of St. Louis and elsewhere. In advertising its beer at the places where the same was being sold at retail within the city, the plaintiff used certain large canvas or muslin signs, in which the word “American” was conspicuously displayed. Shortly *17after the plaintiff begun this mode of advertising, the defendant hung over some of the places, where its beer was sold at retail canvas or muslin signs of the same size and general appearance as those of plaintiff, on which the word “American” was…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Howe v. Howe Machine Co.New York Supreme Court · 1867
- Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1886
- Rawlins v. RawlinsSupreme Court of Missouri · 1890
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3Cited by15 opinions
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Quaker State Oil Refining Co. v. SteinbergSupreme Court of Pennsylvania · 1936
- Drake Medicine Co. v. GlessnerOhio Supreme Court · 1903
- Better Business Bureau of Kansas City Advertising Club, Inc. v. ChappellMissouri Court of Appeals · 1957
- Wright Restaurant Co. v. Seattle Restaurant Co.Washington Supreme Court · 1912
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