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

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U.S. Supreme Court

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

Saxlehner v. Wagner

No. 81

Argued January 17, 1910

Decided February 21, 1910

216 U.S. 375

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.

Page 216 U. S. 376

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.

Page 216 U. S. 379

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