Beadleston & Woerz v. Cooke Brewing Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant, Beadleston & Woerz, a corporation existing under the laws of the state of New Tort, died its bill in the court below for an injunction to restrain the appellee, the Cooke Brewing Company, a corporation of the state of Illinois, from the use of the word “imperial,” claimed by the appellant as its trade-mark when applied to beer.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant, Beadleston & Woerz, a corporation existing under the laws of the state of New Tort, died its bill in the court below for an injunction to restrain the appellee, the Cooke Brewing Company, a corporation of the state of Illinois, from the use of the word “imperial,” claimed by the appellant as its trade-mark when applied to beer. Prior to the year 1889, the brewing business now conducted by the appellant in the state of New York had for many years been conducted by the firm of Beadleston &…
1Opinion of the CourtJenkins, Circuit Judge
This case in no wise falls within the ruling in Pillsbury v. Pillsbury-Washburn Flour Mills Co., 24 U. S. App. 395, 12 C. C. A. 432, 64 Fed. 841. There is here, neither in design nor in fact, a palming off upon the public of the goods of one as those of another. The labels are wholly dissimilar, with the exception of the use of the word “imperial.” The parties did not occupy the same market with *231their wares. Tlie adoption by the appellee oí the word “imperial” seems to have been in entire good faith, and without knowledge of its prior adoption by the appellant. The ease is therefore one of a…
2Cases cited10 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
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3Cited by6 opinions
- Raymond v. Royal Baking-Powder Co.Court of Appeals for the Seventh Circuit · 1898
- Autoline Oil Co. v. Indian Refining Co.District Court, D. Maryland · 1924
- Hiram Walker & Sons, Inc. v. Penn-Maryland CorporationCourt of Appeals for the Second Circuit · 1935
- Thomas G. Plant Co. v. May Co.Court of Appeals for the Sixth Circuit · 1900
- Avenarius v. KornelyWisconsin Supreme Court · 1909
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