Saxlehner v. Nielsen

by Henry Billings Brown

United States Supreme Court

179 U.S. 43

Saxlehner  v.  Nielsen

 Argued: and Submitted March 22, 23, 1900. --- Decided: October 15, 1900

This was a bill of similar character to those involved in the prior cases, and was brought to enjoin the defendant from selling water under the name of 'Hunyadi Lajos,' or any other name in which the word 'Hunyadi' occurs, as well as selling such water in bottles or under capsules or labels resembling those of the plaintiff upon her bottles of 'Hunyadi Janos' water. The answer pleaded abandonment and laches. The circuit court made a similar decree to that in the Eisner & Mendelson suit, enjoining the infringement of plaintiff's red and blue label, requiring an accounting for damages, and denying relief against the use of the name 'Hunyadi.' The circuit court of appeals reversed this decree, and ordered the bill to be dismissed.

Messrs. Antonio Knauth, John G. Johnson, Joseph H. Choate, and Arthur Briesen for petitioner.

Mr. Louis C. Raegener submitted the case for respondent.

Mr. Justice Brown delivered the opinion of the court:

Notes