Avenarius v. Kornely
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This action was brought, to restrain the alleged unlawful use of the plaintiff’s trade-mark or'trade-name “Carbolin■eum.” The court below sustained the plaintiff’s claim and rendered an interlocutory judgment enjoining the defendant from selling his goods under the plaintiff’s trade-mark or trade-name “Carbolineum” or any word in imitation thereof.
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Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This action was brought, to restrain the alleged unlawful use of the plaintiff’s trade-mark or'trade-name “Carbolin■eum.” The court below sustained the plaintiff’s claim and rendered an interlocutory judgment enjoining the defendant from selling his goods under the plaintiff’s trade-mark or trade-name “Carbolineum” or any word in imitation thereof. The appeal in this action is from such interlocutory judgment. The court below found as follows: (1) That said plaintiff is- now, and was at all the…
1DissentTimlin, J.
The pivotal facts in this case are established beyond controversy, although not all included in the findings of fact of the trial court.
1. The plaintiff is a citizen and resident of the municipal*271ity of Gau-Algesheim in the grand duchy of Hesse in the German Empire, where he is now and has been since 1876 engaged in the manufacture and sale of a wood-preserving •compound produced by distillation from coal tar. This compound he discovered in 1876. It was unknown prior to that time. To this new compound he gave at the time of its discovery the name of “Qarbolineum,” a word not theretofore in use…
2Cases cited10 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Holzapfel's Compositions Co. v. Rahtjen's American Composition Co.Supreme Court of the United States · 1901
- Dadirrian v. YacubianCourt of Appeals for the First Circuit · 1900
- Selchow v. Chaffee & Selchow Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1904
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