Legal Opinion

Heinz v. Lutz Bros.

Pennsylvania Court of Common Pleas, Alleghany County

Decided January 4, 1892No. 285PublishedCited by 15 opinions

No. 285 October Term 1891, Sup. Ct.; court below, No. 92 January Term 1891, C. P. No. 2, in Equity. On October 24, 1890, Henry J. Heinz, George H. Prager and Frederick Heinz filed a bill in equity against Jacob Lutz and Julian J. Lutz, doing business as Lutz Brothers, praying for an injunction to restrain the defendants from using on fruit preserves, etc., manufactured and sold by them, a certain label charged to be in imitation 'of a label previously adopted and used by the…

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No. 285 October Term 1891, Sup. Ct.; court below, No. 92 January Term 1891, C. P. No. 2, in Equity. On October 24, 1890, Henry J. Heinz, George H. Prager and Frederick Heinz filed a bill in equity against Jacob Lutz and Julian J. Lutz, doing business as Lutz Brothers, praying for an injunction to restrain the defendants from using on fruit preserves, etc., manufactured and sold by them, a certain label charged to be in imitation 'of a label previously adopted and used by the plaintiffs to designate goods of their manufacture, and to be calculated to deceive purchasers as to the origin of the…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

This bill was filed by the plaintiffs in the court below, to restrain the defendants from selling packages of fruit preserves, fruit butters, or jellies having thereon any labels resembling the labels of the plaintiffs. The latter does not claim that there has been a violation of a technical trade-mark, but that the labels used by defendants so closely resemble those of the plaintiffs that purchasers are likely to be deceived. Both parties, plaintiffs and defendants, are engaged in the same line of business, the former in the city of Pittsburgh, the latter in…

2Cases cited4 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
  3. Popham v. . ColeNew York Court of Appeals · 1876
  4. Desmond's AppealSupreme Court of Pennsylvania · 1883

3Cited by15 opinions

  1. John Wright, Inc. v. Casper Corp.District Court, E.D. Pennsylvania · 1976
  2. American Diabetes Ass'n v. National Diabetes Ass'nDistrict Court, E.D. Pennsylvania · 1981
  3. Stroehmann Bros. Co. v. Manbeck B. Co.Supreme Court of Pennsylvania · 1938
  4. Pennsylvania Central Brewing Co. v. Anthracite Beer Co.Supreme Court of Pennsylvania · 1917
  5. Southern California Fish Co. v. White Star Canning Co.California Court of Appeal · 1920

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