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SAXLEHNER V. NIELSEN, 179 U. S. 43 (1900)

U.S. Supreme Court

Saxlehner v. Nielsen, 179 U.S. 43 (1900)

Saxlehner v. Nielsen

No. 33

Argued and submitted March 22-23, 1900

Decided October 15, 1900

179 U.S. 43


Defendant was prosecuted for selling bitter waters under the name of "Hunyadi Lajos." Held, that although the proof of laches on the part of plaintiff was not as complete as in the former case, the same result must follow, and that the bill must be dismissed as to the word "Hunyadi" and sustained as to the infringement of the bottles and labels.

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 and 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

Page 179 U. S. 44

court of appeals reversed this decree and ordered the bill to be dismissed.

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