63 Cal. 445, Eggers v. Hink
|Citation:||63 Cal. 445|
|Opinion Judge:||PER CURIAM.|
|Party Name:||J. F. G. EGGERS, APPELLANT, v. P. H. HINK, RESPONDENT|
|Attorney:||John H. Dickinson, for Appellant, William Leviston and T. D. Riordan, for Respondent,|
|Case Date:||May 30, 1883|
|Court:||Supreme Court of California|
APPEAL from a judgment of the Superior Court of the city and county of San Francisco.
The facts are sufficiently stated in the opinion of the court.
The action is to recover damages for a violation of the plaintiff's alleged trade-mark, and to restrain the use of it by the defendant in the future. The sufficiency of the complaint is the question for consideration. According to its averments the plaintiff is engaged in conducting a saloon business in the city and county of San Francisco, particularly for the sale of a certain kind of beer known as Philadelphia Beer; and what he seeks to protect as a trade-mark, and which is used by him as a sign over the doors of his place of business, and as a label for the beer bottled by him, consists of a row of beer barrels so painted upon the sign and printed upon the labels as to show the top-head and outline of each barrel, with the letters " P.B." indicating and standing for Philadelphia Beer, stamped or printed upon the head of each barrel, together with the words " Depot of the Celebrated" over, and the words " Philadelphia Lager Beer" below the row of barrels. The act of the defendant complained of is the erection by him over...
To continue readingFREE SIGN UP