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Pflugh v. Eagle White Lead Co.

185 F. 769, 107 C.C.A. 659, 1911 U.S. App. LEXIS 4042
Court of Appeals for the Third Circuit·Decided February 8, 1911·No. No. 48·Published·Cited by 9 cases

Opinion

BUFFINGTON, Circuit Judge.

In the court below, the Eagle White Lead Company charged Pflugh & Co. with violations of its two trade-marks. The court, in an opinion reported at 180 Fed. 579, sustained the two bills and ordered injunctions, but refused accountings; the two cases being treated in that court and this by stipulation as a single bill. From a decree granting injunctions, Pflugh & Co. took this appeal. After argument and due consideration, we are of opinion these injunctions cannot be sustained. The first trade-mark in question is No. 60,062, for pure white lead, registered January 29, 1907, for a pictorial eagle shown in a drawing as follows:

In his statement the grantee averred:

“The trade-mark is displayed on the packages containing the goods by placing thereon a printed label on which the same is shown, or by printing, branding, or otherwise placing the trade-mark on the heads or sides of barrels or kegs containing the goods, or by displaying it in any manner desired.”

The second trade-mark is No. 60,993, also for pure white lead, registered February 26, 1907, for the printed word shown in type as follows:

EAGLE

In his statement the grantee used the same statement quoted above.

The word and the pictorial eagle were used in complainant’s label, and the latter and respondent’s alleged infringing label are attached.

The above, as used, appears in gold on blue background.

[771]

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Pflugh v. Eagle White Lead Co., 185 F. 769, 107 C.C.A. 659, 1911 U.S. App. LEXIS 4042 (3d Cir. 1911).

185 F. 769 (Pflugh v. Eagle White Lead Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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