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Metcalfe v. Brand

5 S.W. 773, 86 Ky. 331, 1887 Ky. LEXIS 139
CourtCourt of Appeals of Kentucky
DecidedNovember 29, 1887
StatusPublished
Cited by14 cases

This text of 5 S.W. 773 (Metcalfe v. Brand) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metcalfe v. Brand, 5 S.W. 773, 86 Ky. 331, 1887 Ky. LEXIS 139 (Ky. Ct. App. 1887).

Opinion

JUDGE HOLT

delivered the opinion oe the court.

This case presents some interesting and rather novel trade-mark questions.

[337]*337As early as 1810, one Bnrrowes began to make by a .secret process a particular kind of mustard, at Lexington, Kentucky. It soon became noted for its excellence, and widely known as “ Burrowes’ Lexington Mustard,” or more commonally as “Lexington Mustard.” By this name it was quoted in the market, and soon had an extensive sale at a high price. It was put up in round tin cans of different sizes, with a label upon each of this character, in size, color, letters, words and other indicia :

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Bluebook (online)
5 S.W. 773, 86 Ky. 331, 1887 Ky. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metcalfe-v-brand-kyctapp-1887.