Liggett & Myer Tobacco Co. v. Hynes
District Court, W.D. Arkansas
This is a bill in equity, brought here on account of citizenship of the respective parties, to perpetually restrain the defendant from using the mark attached to complainant’s exhibit, “Robert S. Hynes’ Plug Tobacco,” on plug tobacco, complainants claiming to have an established right to the use of the mark of a “star” affixed to plugs of tobacco as a trade-mark, and complainant’s mark is shown on complainant’s exhibit, “Liggett & Myer’s Plug Tobacco.”
Read the full summary
This is a bill in equity, brought here on account of citizenship of the respective parties, to perpetually restrain the defendant from using the mark attached to complainant’s exhibit, “Robert S. Hynes’ Plug Tobacco,” on plug tobacco, complainants claiming to have an established right to the use of the mark of a “star” affixed to plugs of tobacco as a trade-mark, and complainant’s mark is shown on complainant’s exhibit, “Liggett & Myer’s Plug Tobacco.” Specimens or samples of both the complainant’s and defendant’s goods are produced in court and offered in evidence; also wood engraving of the…
1Opinion of the CourtParker, J.
The law is well settled that a party who has appropriated a particular trade-mark to distinguish his goods from other similar goods has a right or property in it which entitles him to its exclusive use, and that this right is of such a nature that equity will *884protect it by injunction from innovation. Hostetter v. Van Winkle, 1 Dill. 329. The leading principle upon which the law of trademark is based, is that the honest, skillful, and industrious manufacturer, or enterprising merchant, who has produced or brought into the market an article of use or consumption that has found favor with the…
2Cases cited5 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Filley v. FassettSupreme Court of Missouri · 1869
- Hostetter v. VowinkleU.S. Circuit Court for the District of Nebraska · 1871
- Walton v. CrowleyU.S. Circuit Court for the District of Southern New York · 1856
3Cited by6 opinions
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Baker v. Master Printers Union of New JerseyDistrict Court, D. New Jersey · 1940
- Alexander Young Distilling Co. v. National Distillers Products Corp.District Court, E.D. Pennsylvania · 1941
- Pecheur Lozenge Co. v. National Candy Co.District Court, D. New Jersey · 1940
- Florasynth Laboratories, Inc. v. GoldbergDistrict Court, N.D. Illinois · 1949
1 more not listed; retrieve them via the Exa API.