Saxlehner v. Wagner, 216 U.S. 375 (1910)

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Saxlehner v. Wagner


No. 81


Argued January 17, 1910
Decided February 21, 1910
216 U.S. 375

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

The right to individual appropriation, once lost, is gone forever.

Where a geographic or family name becomes the name for a natural water coming from a more or less extensive district, all are free to try to imitate it, and the owners of one of such natural springs cannot prevent the sale of an artificial water as being similar to that of the natural spring where there is no attempt to deceive the public as to its being artificial.

Hunyadi is now in effect a geographical expression, and the owners of the Hunyadi Janos Springs cannot prevent the sale of artificial Hunyadi water where there is no deception of the public as to its being an imitation.

157 F. 745 affirmed.

The facts, which involve the right of the owners of the Hunyadi Janos Springs to enjoin the sale of artificial Hunyadi water, are stated in the opinion.