Thomas G. Plant Co. v. May Mercantile Co.

Citations

• 153 F. 229
• 1907 U.S. App. LEXIS 5089

Syllabus

<p>1. Trade-Marks and Trade-Names — Fraudulent Use by Another — Injunction.</p> <p>A manufacturer of shoes which has adopted and uses the name “Queen Quality” as a trade-mark or name exclusively for its shoes of superior grade, selected by it and stamped with such name, is entitled to be protected in such manner of use and to an injunction restraining a purchaser of shoes of its manufacture, but which it had rejected for such grade and stamped with a different name, from advertising, offering for sale, and selling the same under the name of “Queen Quality” shoes.</p> <p>[Ed. Note. — For' cases in point, see Cent. Dig. vol. 46, Trade-Marks and Trade-Names, § 76.]</p> <p>2. Same — Suit for Infringement — Injunction.</p> <p>Where a defendant continued to make use of complainant’s trade-mark after notice to desist and contested a suit brought to compel it to do so, complainant’s right to an injunction is not defeated because defendant had, in fact, ceased such use before the suit was brought, which fact was not known to complainant.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 46, Trade-Marks and Trade-Names, §§ 110, 111.]</p>