127 F. 160 | U.S. Circuit Court for the District of Northern Ohio | 1900
In this case a motion for a preliminary injunction has heretofore been filed, and was argued the other day, and I have come to a conclusion, in the matter. The bill in this case was , filed to restrain the defendants from infringing the complainant’s trademark and to- restrain fraudulent competition in imitating the complain- ' ant’s packages or cartons in size and color and general appearance. The defendants claim that they have the right to use the straight lines and curves in a trade-mark, that they have the right to use the- word “seal,” that they have the right to use white lines on a red background, and that they have the right to use cartons of a particular size, and that .they have the right to use the different colors which they have adopted for their packages, and that the complainant cannot appropriate any of these things so as to preclude others from their use,- All of these