Charles E. Hires Co. v. Consumers' Co.
Court of Appeals for the Seventh Circuit
Appeal, from the Circuit Court of the United Hiatos for the Northern i/tvision of the Northern District of Illinois. The appellant, the Charles E. Hires Company (the comida inant below), brought its bill to restrain an alleged unfair competition in trade by the appellee (the defendant below). Upon an application for a preliminary'injunction the facts disclosed are thus succinctly and accurately stated by the counsel for the appellant: “The Charles TO.
Read the full summary
Appeal, from the Circuit Court of the United Hiatos for the Northern i/tvision of the Northern District of Illinois. The appellant, the Charles E. Hires Company (the comida inant below), brought its bill to restrain an alleged unfair competition in trade by the appellee (the defendant below). Upon an application for a preliminary'injunction the facts disclosed are thus succinctly and accurately stated by the counsel for the appellant: “The Charles TO. Hires Company, complainant, is a Pennsylvania, corporation engaged in the manufacture and marketing of root beer in various forms. The…
1Opinion of the CourtJknkins, Circuit Judge
(after stating the facts as above). The court below’ seems to have placed its refusal to extend its injunction to include the bottle used by the defendant upon the notion that one lias the right under all circumstances to use any form of bottle he may desire. It is true that no one has a monopoly of form, nor has he a monopoly of color, of the shape of letters, of geographical names, or of his own name. An action like the present proceeds upon no such ground, hut upon the principle that one may not, by means lawful in themselves when devoted to a lawful end, perpetrate a fraud upon the…
2Cases cited6 opinions
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Meyer v. Dr. B. L. Bull Vegetable Medicine Co.Court of Appeals for the Seventh Circuit · 1893
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1893
- American Grocery Co. v. SloanU.S. Circuit Court for the District of Southern New York · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Vick Medicine Co. v. Vick Chemical Co.Court of Appeals for the Fifth Circuit · 1926
- Williams v. MitchellCourt of Appeals for the Seventh Circuit · 1901
- Winchester Repeating Arms Co. v. OlmstedCourt of Appeals for the Seventh Circuit · 1913
- De Nobili Cigar Co. v. Nobile Cigar Co.Court of Appeals for the First Circuit · 1932
- Enoch Morgan's Sons Co. v. Whittier-Coburn Co.U.S. Circuit Court for the District of Northern California · 1902
17 more not listed; retrieve them via the Exa API.