Moorman v. Hoge
U.S. Circuit Court for the District of California
Bill in equity [by C. P. Moorman and others against Walter Hoge and others], the object of which, is, to obtain a decree restraining an alleged infringement of complainants’ trademark. From some time prior to 1857, 1111 July 2, 1860, one J. H. Cutter, and complainant, Moorman, were doing business as partners at Louisville, Kentucky, under the name of “J. H. Cutter & Co.” The firm was engaged in the manufacture and sale of whis-ky.
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Bill in equity [by C. P. Moorman and others against Walter Hoge and others], the object of which, is, to obtain a decree restraining an alleged infringement of complainants’ trademark. From some time prior to 1857, 1111 July 2, 1860, one J. H. Cutter, and complainant, Moorman, were doing business as partners at Louisville, Kentucky, under the name of “J. H. Cutter & Co.” The firm was engaged in the manufacture and sale of whis-ky. Their whisky acquired throughout the country, and particularly in the state of California, a high reputation for excellence, and, was generally known as “Cutter…
1Opinion of the Court
SAWYER, Circuit Judge.
The complainants do not claim that there is any infringement upon that part of what they claim to be their trade-mark, which consists of the words and devices stamped upon the barrel. The claim is that there is an infringement by .the use of the barrel only. Is the plaintiff entitled to the exclusive use of a barrel of this peculiar form, construction and capacity, without regard to any mark or device impressed upon, or connected with it? Can a barrel of this description be appropriated as a trade-mark, or substantive part of a trademark, so as to exclude the rest of the…
2Cited by5 opinions
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Philadelphia Novelty Manuf'g Co. v. RoussU.S. Circuit Court for the District of Southern New York · 1889
- L. H. Harris Drug Co. v. StuckyU.S. Circuit Court for the District of Western Pennsylvania · 1891
- Hennessy v. Braunschweiger & Co.U.S. Circuit Court for the District of Northern California · 1898
- Piaget v. HeadleyNew York Supreme Court · 1900