Spieker v. Lash
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order denying a new trial. . The facts are stated in the opinion.
1Opinion of the Court
Vancliff, C.
Suit in equity to enjoin the infringement of a trademark and the diversion of the trade or custom of the plaintiff to whom had been transferred the goodwill of the business in which the trademark had been acquired and used.
The complaint contains two counts, the first alleging an infringement of plaintiff’s trademark and proprietary name, “Lash’s Kidney and Liver Bitters”; and the second, a cause of action for breach of warranty implied in a sale of the goodwill of the business, which included the manufacture and sale of said bitters.
In the year 1884 the plaintiff and defendant…
2Cases cited4 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Schmidt v. BriegCalifornia Supreme Court · 1893
- Pierce v. GuittardCalifornia Supreme Court · 1885
- Sperry & Co. v. Percival Milling Co.California Supreme Court · 1889
3Cited by14 opinions
- Gregory v. SpiekerCalifornia Supreme Court · 1895
- Dunston v. Los Angeles Van & Storage Co.California Supreme Court · 1913
- Yellow Cab Co. of San Diego v. SachsCalifornia Supreme Court · 1923
- Sun-Maid Raisin Growers v. MosesianCalifornia Court of Appeal · 1927
- Karsh v. HaidenCalifornia Court of Appeal · 1953
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