French v. Alter & Julian Co.

U.S. Circuit Court for the District of Southern Ohio

French v. Alter & Julian Co.

74 F. 788, 1896 U.S. App. LEXIS 2728

CourtU.S. Circuit Court for the District of Southern Ohio

DecidedJune 1, 1896

DocketNo. 4,895

StatusPublished

This text of 74 F. 788 (French v. Alter & Julian Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

French v. Alter & Julian Co., 74 F. 788, 1896 U.S. App. LEXIS 2728 (circtsdoh 1896).

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Opinion

SAGE, District Judge.

The motion for a temporary injunction is overruled, for the reason that affidavits filed on behalf of defendants indicate prior use of the trade-mark claimed by complainants. Whether such prior use is established, and, if so, whether it was limited and has been abandoned, is in dispute, and need not now be determined. It is sufficient to say that, the complainants’ title to the [789]*789trade-mark not having been established by adjudication, and being now called in question, the doubt is enough to authorize the court, in its discretion, to refuse a temporary injunction, and leave the question for determination upon the final hearing.

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SAGE, District Judge.

The motion for a temporary injunction is overruled, for the reason that affidavits filed on behalf of defendants indicate prior use of the trade-mark claimed by complainants. Whether such prior use is established, and, if so, whether it was limited and has been abandoned, is in dispute, and need not now be determined. It is sufficient to say that, the complainants’ title to the [789]*789trade-mark not having been established by adjudication, and being now called in question, the doubt is enough to authorize the court, in its discretion, to refuse a temporary injunction, and leave the question for determination upon the final hearing.

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Bluebook (online)

74 F. 788, 1896 U.S. App. LEXIS 2728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-alter-julian-co-circtsdoh-1896.