Sperry & Co. v. Percival Milling Co.

Plaintiff and defendant are 1 oth corporations; and the action is to enjoin defendant from counterfeiting, etc., certain trade-marks, labels, etc., of plaintiff, and for damages. The court found certain facts upon which it rendered judgment for defendant; and plaintiff appeals from the judgment, and from an order denying a new trial.

The main contention of appellant is, that the conclusions of law reached by the court below were erroneous, and that, upon the findings of fact, the judgment should have been for plaintiff. •

From March, 1883, to the commencement of this action, February 4, 1886, plaintiff and its assignors were engaged in manufacturing by the roller process, and selling, a certain meal made from wheat and used for mush, etc., to which they gave the coined name “Germea.” Down to within one month of the commencement of this action this commodity was exclusively put up by plaintiff in certain packages, with certain labels, etc., thereon, which were registered with the secretary of state as a trade-mark in May, 1883. About a month before the commencement of the action defendant began the manufacturing and selling of a meal made by the roller process from wheat, and put…