United States Tobacco Co. v. McGreenery

First Circuit

United States Tobacco Co. v. McGreenery

144 F. 1022, 74 C.C.A. 682, 1906 U.S. App. LEXIS 3938

CourtCourt of Appeals for the First Circuit

DecidedMay 8, 1906

DocketNo. 648

StatusPublished

This text of 144 F. 1022 (United States Tobacco Co. v. McGreenery) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States Tobacco Co. v. McGreenery, 144 F. 1022, 74 C.C.A. 682, 1906 U.S. App. LEXIS 3938 (1st Cir. 1906).

Pincite

Opinion

PER CURIAM.

The facts in this ease are sufficiently stated in the opinion of the learned judge of the Circuit Court. 144 Fed. 531. The ordinary purchaser is chargeable with knowledge of those features which are common in the trade. Upon a comparison of the features which distinguish the complainant’s package from those which are common in the trade with the distinguishing features of the defendants’ package, and upon a further comjmrison of the two packages, regarding each as a unit or as a combination of certain features with the ordinary red and gold wrapper, we are of the opinion that there is no sufficient similitude between them to deceive a purchaser exercising the ordi: nary degree of care. The decree of the Circuit Court is affirmed, and the appellees recover their costs of appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The facts in this ease are sufficiently stated in the opinion of the learned judge of the Circuit Court. 144 Fed. 531. The ordinary purchaser is chargeable with knowledge of those features which are common in the trade. Upon a comparison of the features which distinguish the complainant’s package from those which are common in the trade with the distinguishing features of the defendants’ package, and upon a further comjmrison of the two packages, regarding each as a unit or as a combination of certain features with the ordinary red and gold wrapper, we are of the opinion that there is no sufficient similitude between them to deceive a purchaser exercising the ordi: nary degree of care. The decree of the Circuit Court is affirmed, and the appellees recover their costs of appeal.

Cite This Page — Counsel Stack

Bluebook (online)

144 F. 1022, 74 C.C.A. 682, 1906 U.S. App. LEXIS 3938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-tobacco-co-v-mcgreenery-ca1-1906.

Opinion

Related

Cite This Page — Counsel Stack