26 F. 293 (E.D.Mich. 1885), Royal Baking Powder Co. v. Davis

Citation:26 F. 293
Party Name:ROYAL BAKING POWDER CO. v. DAVIS and others.
Case Date:November 05, 1885
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 293

26 F. 293 (E.D.Mich. 1885)

ROYAL BAKING POWDER CO.

v.

DAVIS and others.

United States Circuit Court, E.D. Michigan.

November 5, 1885

Isaac Marston, for plaintiff.

John D. Conely, for defendant.

BROWN, J.

This is a bill in equity for the infringement of plaintiff's trade-mark, which consists of the words 'Royal Baking Powder,' used in connection with labels of a particular design and color, applied to the cans containing the article manufactured by plaintiff.

The defendants make use of cans of precisely the same size and shape, to which are affixed labels of the same colors and general design as those of the plaintiff, with the words 'Coral Baking Powder' thereon. The answer avers 'that the shape and size of the can described in the bill is a common mercantile article in the market, and is made by different manufacturers for holding baking powders;' that 'the colors on the labels are also in common use by baking powder in the bill, in combination with each other, or with any other matter or thing, constitute a trade-mark. The labels used by defendants' firm are similar to those used by the plaintiff in their color, and to the extent that one-half of the label has a red ground with white letters and the other half a yellow ground with black letters. The corner ornamentation differ. The word 'Royal' on plaintiff's red ground is in good-sized letters. The word 'Coral' on defendants' is in larger letters. In the center of plaintiff's red ground the ornamentation is a picture of a Royal baking powder can in a circle. In the center of...

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