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Beech-Nut Packing Co. v. P. Lorillard Co., 273 U.S. 629 (1927)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Beech-Nut Packing Co. v. P. Lorillard Co., 273 U.S. 629 (1927)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 273 U.S. 625, click here.
Beech-Nut Packing Company v. P. Lorillard Company No. 249 Argued March 17, 18, 1927 Decided April 11, 1927 273 U.S. 629
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. A trademark is not abandoned and destroyed as a matter of law merely through disuse for five years. P. 632.
2. The fact that the goodwill once associated with a trademark has vanished does not end at once the preferential right of the proprietor to try it again on goods of the same class.
3. Assuming that, where each of two parties has the right to the same tradename but on different types of goods, the arrangements and accompaniments adopted by the one for its display may not lawfully be imitated by the other, the right to object may be lost by lapse of time and change of circumstances. Id.
7 F.2d 967 affirmed.
Certiorari (269 U.S. 551) to a decree of the circuit court of appeals affirming the district court (299 F. 834) in dismissing the bill of the Beech-Nut Company to enjoin the other party from infringing its right in the registered trademark "Beech-Nut," and from acts of alleged unfair competition.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Beech-Nut Packing Co. v. P. Lorillard Co., 273 U.S. 629 (1927) in 273 U.S. 629 273 U.S. 630. Original Sources, accessed July 9, 2025, http://www.originalsources.com/Document.aspx?DocID=PZJANI3MC5Z3XK9.
MLA:
U.S. Supreme Court. "Syllabus." Beech-Nut Packing Co. v. P. Lorillard Co., 273 U.S. 629 (1927), in 273 U.S. 629, page 273 U.S. 630. Original Sources. 9 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=PZJANI3MC5Z3XK9.
Harvard:
U.S. Supreme Court, 'Syllabus' in Beech-Nut Packing Co. v. P. Lorillard Co., 273 U.S. 629 (1927). cited in 1927, 273 U.S. 629, pp.273 U.S. 630. Original Sources, retrieved 9 July 2025, from http://www.originalsources.com/Document.aspx?DocID=PZJANI3MC5Z3XK9.
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