Oliver Weasel Holmes

11 Pages Posted: 23 Jul 2013

Date Written: July 13, 2013

Abstract

Although it has not yet made it into Black’s Law Dictionary, the term “weasel words” is well known to lawyers. It denotes words that are written with the intent to permit a certain fluidity when it comes time to interpret them. This article examines the use of weasel words and specifically analyzes whether Justice Holmes employed them in authoring Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co., 250 U.S. 28 (1919), a case in which the brewer of Schlitz beer accused another beer of stealing its bottle and label design.

Keywords: Oliver Wendell Holmes, weasel words, Black's Law Dictionary, Schlitz, beer, Magnolia beer, Houston Ice & Brewing Co., trademark, Lanham Act

Suggested Citation

Metzler, Theodore, Oliver Weasel Holmes (July 13, 2013). Available at SSRN: https://ssrn.com/abstract=2297572 or http://dx.doi.org/10.2139/ssrn.2297572

Theodore Metzler (Contact Author)

Independent ( email )

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