New Orleans Coffee Co. v. American Coffee Co.

Citations

• 124 La. 19
• 49 So. 730
• 1909 La. LEXIS 418

Syllabus

<p>1. Trade-Marks and Trade-Names (§ 66*)— Offenses — Damage. .</p> <p>Although a label was made up by defendant with the view of imitating part of the combination in matter of plaintiffs trade-mark, damages will not be allowed unless it is proven in what respect plaintiff has been damaged. 46 Cent. Dig. p. 75, '§ 58.</p> <p>2. Trade-Marks and Trade-Names (§ 65*)— Infringement — Deception of Public.</p> <p>The ordinary purchaser was not deceived to the extent of buying defendant’s goods when it was the intention to buy plaintiff’s.</p> <p>3. Trade-Marks and Trade-Names (§ 60*)— Infringement — Deception of Public.</p> <p>The color of the package does not enter into the combination adopted for the trade.</p> <p>4. Infringement of Trade-Mark.</p> <p>Part of the trade-mark was imitated by defendant and part was not.</p> <p>Taken as a whole, defendant’s label was not a deception practiced on plaintiff’s. It never misled any one. The packages of plaintiff were easily distinguishable from those of defendant.</p> <p>5. Trade-Marks and Trade-Names (§§ 85, 86*) — Actions — Defenses — Lacues — Injunction.</p> <p>Trade-mark not used in accordance with its meaning has no equity to sustain a suit.</p> <p>Right to damages or to an injunction is lost by long delay. '•</p> <p>(Syllabus by the Court.)</p>