Uri v. Hirsch

Citations

• 123 F. 568
• 1903 U.S. App. LEXIS 4922

Syllabus

<p>1. Equity—Answer as Evidence—Responsiveness to Bill.</p> <p>Where a bill for infringement of a trade-mark alleged the use of a name by complainant as a trade-mark for a certain number of years, and that he had acquired the exclusive right thereto, and that defendants were fraudulently using such name in violation of his said right, and required answer under oath, averments in the answer fully stating all the facts with respect to the use of such name by defendants, showing that it was used by them long prior to the time when complainant claimed to have commenced its use, and the extent of their use, were directly responsive to the bill; and evidence in behalf of defendants as to such facts, which complainant was required to overcome by countervailing proof of two witnesses, or of one witness and efficient corroborating circumstances to entitle him to relief, even though the use made of the name by defendants was not such as to give them a trade-mark right therein.</p> <p>3. Trade-Mark—Right to Protection in Equity—False Representations.</p> <p>In a suit for infringement of a trade-mark for whiskey, the testimony and exhibits of complainant showed that his trade-mark as registered and used On his barrels and bottles contained a representation that his whiskey was made in Nelson county, Ky.; that he also conspicuously advertised such to be the fact by the markings on his packages, and by advertising matter, using cuts of a distillery, with the words “Old Style Nelson County Pure Rye,” etc. It was shown without contradiction that he owned no distillery, that whiskey sold by him was purchased from rectifiers, was not made in Kentucky, and was not a pure rye or bourbon as represented, but a blended whiskey, flavored, and containing coloring matter, his trade-mark being stenciled on the barrels at his request. Belcb that, both his trade-mark and business being founded on false representations intended to deceive the public, a court of equity would not entertain a suit