117 F. 965 | U.S. Circuit Court for the District of Northern California | 1901
This is a suit in equity brought by the complainant, a Kentucky corporation, against the respondents, citizens of the state of California, for the alleged infringement of a trade-mark. The bill alleges, upon information and belief, that the business of distilling and selling whisky now operated by the complainant corporation was conducted in the year 1867 and thereafter by the firm or partnership of W. A. Gaines & Co., who acquired the business, property, trade-marks, good will, and distillery of the pre
The allegations of the bill upon information and belief are insufficient. Whatever is essential to the rights of the complainant, and is ; necessarily within its knowledge, ought to be alleged positively. It iis well settled that, to warrant the equitable relief of injunction in
The demurrer upon the special grounds that the bill of complaint is lacking in positive allegations and for uncertainty will therefore be sustained.