W. A. Gaines & Co. v. Rock Spring Distilling Co.

Citations

• 179 F. 544
• 1910 U.S. App. LEXIS 5424

Syllabus

<p>1. Teade-Marks and Trade-Names (§ 91*) — Intervention.</p> <p>In a suit for infringement of a trade-mark, a party was not entitled to intervene on the allegation that -it owned the trade-mark in contest, and that it was used by defendant as petitioner’s agents under its authority, especially where petitioner was bound by a contract to defend the suit on defendant’s behalf and in fact was doing so.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Dee. Dig. § 91.*]</p> <p>2. Judgment (§ 678*) — Estoppel—Persons in Privity.</p> <p>An estoppel by judgment obtains as well in favor of those who are in privity -as for or against those actual parties to the litigation in which the judgment was rendered.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent. Dig. §§ 1195-1199; Dec. Dig. § 678.*]</p> <p>3. Equity (§ 213*) — Plea.</p> <p>Where complainants elect not to reply ’to. defendant’s plea, but instead, have the case set down for argument as authorized by equity rule 33, the averments of the plea are taken as true.</p> <p>[Ed. Note. — For other cases, see Equity, Cent. Dig. § 486; Dec. Dig. § 213.*]</p> <p>4. Trade-Marks and Trade-Names (§ 45*) — Judgment—Conclusiveness— Subsequent Registration.</p> <p>Where, in a prior suit for infringement of a trade-mark, complainants were found not to be the rightful owners thereof, and it was determined that H. & Co. had previously used the trade-mark and were entitled thereto, the conelusiveness of such adjudication as between the parties and their privies was not affected by complainants’ subsequent registration of the trade-mark in ex parte proceedings under Act Cong. Feb. 20, 1905, c. 592, 33 Stat. T24 (U. S. Comp. St. Supp. 1909, p. 1275), notwithstanding section 16 of that act declares that registration of a trade-mark is itself prima facie evidence of ownership.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 53; Dec. Dig. '§ 45.*]</p> <p>5. Equity (§ 422*) — Heari