HOLZAPFEL'S CO. v. RAHTJEN'S CO.

No. 54.

183 U.S. 1 (1901)

HOLZAPFEL'S COMPOSITIONS COMPANY v. RAHTJEN'S AMERICAN COMPOSITION COMPANY.

Supreme Court of United States.

Decided October 21, 1901.


Attorney(s) appearing for the Case

Mr. William McAdoo and Mr. J.G. Carlisle for petitioner. Mr. R.B. McMasters was on their brief.

Mr. Timothy D. Merwin and Mr. Thomas B. Kerr for respondent.


MR. JUSTICE PECKHAM, after making the above statement of facts, delivered the opinion of the court.

We are of opinion that no valid trade-mark was proved on the part of the Rahtjens, in connection with the paint sent by them from Germany to their agents in the United States prior to 1873, when they procured a patent in England for their composition. It appears from the record that from 1870 to 1879, or late in 1878, the paint was manufactured in Germany by Rahtjen...

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