Legal Opinion

Oakes v. Tonsmterre

U.S. Circuit Court for the District of Alabama

Decided June 15, 1883PublishedCited by 3 opinions

In Equity. Suit by Peter Oakes against Henry Tonsmierre and John Craft to enjoin the use of a trade-mark.

1Opinion of the Court

Bruce, District Judge.

The evidence shows that Peter Oakes, complainant, and one Hiram S. Probasco, in December of the jmar 1865, in.St. Louis, Mo., entered into a copartnership for the manufacture and sale of candies, under the firm name of Probasco & Oakes. This firm first called their candies “Excelsior Candies,” but, as Probasco testified, they found this name too long, hard to be remembered, and not easily spoken by children, and they changed the name to “Oakes’ Candies,” “Oakes’ Home-Made Candies,” and “Oakes Pure Home-Made Candies.” This firm of Probasco & Oakes carried on the business…

2Cases cited4 opinions

  1. Kidd v. JohnsonSupreme Court of the United States · 1880
  2. Skinner v. OakesMissouri Court of Appeals · 1881
  3. Slaughter v. GlennSupreme Court of the United States · 1879
  4. Probasco v. BouyonMissouri Court of Appeals · 1876

3Cited by3 opinions

  1. Romag Fasteners, Inc. v. Fossil, Inc.Supreme Court of the United States · 2020
  2. Romag Fasteners, Inc. v. Fossil, Inc.Supreme Court of the United States · 2020
  3. Soeller v. New York Canal & Great Lakes Corp.Court of Appeals for the Second Circuit · 1932

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API