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Metcalfe v. Brand

5 S.W. 773, 86 Ky. 331, 1887 Ky. LEXIS 139
Court of Appeals of Kentucky·Decided November 29, 1887·Published·Cited by 14 cases

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

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