Peninsular Chemical Co. v. Levinson
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern District of Ohio; Howard C. Hollister, Judge. Bill by the Peninsular Chemical Company against Samuel Levinson and another. From a decree dismissing the bill, plaintiff appeals. The Nelson-Baker Company is engaged, at Detroit, in the business of manufacturing drugs and medicines.
Read the full summary
Appeal from the District Court of the United States for the Southern District of Ohio; Howard C. Hollister, Judge. Bill by the Peninsular Chemical Company against Samuel Levinson and another. From a decree dismissing the bill, plaintiff appeals. The Nelson-Baker Company is engaged, at Detroit, in the business of manufacturing drugs and medicines. Observing that other manufacturers of similar goods were putting out a “line” of drag store supplies and sundries and supplying many or most of the needs of a chain of drug stores throughout the country, which stores were designated by the trade-name…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. So far as concerns the registered trade-mark and the jurisdiction and rights which rest solely thereon, plaintiff can have no relief. The certificate of registration was issued April 8, 1911, No. 52,253, and specifies that the trade-mark was used for the specified line of articles, all of which were included in “class No. 6, chemicals, medicines, and pharmaceutical preparations.” Cigars are not included in this list, nor can they be said to be of the same descriptive properties as the specified articles.
2. Based upon its common-law trade-mark rights,…
2Cases cited7 opinions
- American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Borden Ice Cream Co. v. Borden's Condensed Milk Co.Court of Appeals for the Seventh Circuit · 1912
- Jacobs v. BeechamSupreme Court of the United States · 1911
- Ludington Novelty Co. v. LeonardCourt of Appeals for the Second Circuit · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
- Wisconsin Electric Co. v. Dumore Co.Court of Appeals for the Sixth Circuit · 1929
- Hemmeter Cigar Co. v. Congress Cigar Co.Court of Appeals for the Sixth Circuit · 1941
14 more not listed; retrieve them via the Exa API.