Thackeray v. Saxlehner
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The suit in the Circuit Court was brought by the appellee, widow of Andrew Saxlehner, deceased, and successor to his business, a resident of the city of Budapest, and a subject of the Kingdom of Hungary, against the appellant, a citizen of the state of Illinois, resident of Chicago, to enjoin appellant from using the word “Hunyadi” as a name for waters manufactured and sold by…
Read the full summary
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The suit in the Circuit Court was brought by the appellee, widow of Andrew Saxlehner, deceased, and successor to his business, a resident of the city of Budapest, and a subject of the Kingdom of Hungary, against the appellant, a citizen of the state of Illinois, resident of Chicago, to enjoin appellant from using the word “Hunyadi” as a name for waters manufactured and sold by appellant, and from using a style of bottle, capsule, and label similar to that used by appellee for her Hunyadi Janos water.…
1Opinion of the Court
GROSSCUP, Circuit Judge.
The appellant manufactures in Chicago, according to a recipe not disclosed, the bitter waters to which he attaches the name of Hunyadi Geyza. His business was not in existence prior to the decision of the Supreme Court, in Saxlehner v. Eisner & Mendelson Company, 179 U. S. 19, 21 Sup. Ct. 7, 45 L. Ed. 60, nor has he ever been, so far as the record discloses, an importer of natural bitter waters from Hungary. Whether, under these circumstances, appellee is entitled to restrain his use of the word “Hunyadi,” is the principal question presented.
It is stipulated that the…
2Cases cited1 opinion
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
3Cited by3 opinions
- Saxlehner v. WagnerSupreme Court of the United States · 1910
- Saxlehner v. WagnerCourt of Appeals for the Sixth Circuit · 1907
- Paul v. WoodsDistrict Court, E.D. New York · 1930