Hildreth v. D. S. McDonald Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed November 20, 1894, praying that the defendant corporation be restrained from putting up, selling, or offering for sale any candy or other similar article wrapped and labelled in the manner, or in imitation of the manner employed by the plaintiff.
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Bill in equity, filed November 20, 1894, praying that the defendant corporation be restrained from putting up, selling, or offering for sale any candy or other similar article wrapped and labelled in the manner, or in imitation of the manner employed by the plaintiff. Trial before Morton, J., who entered a decree that the defendant be restrained “ from printing or causing to printed in red upon yellow wrappers, adapted to be used in ffting up molasses candy, substantially in the size, shape, and manner in which said plaintiff, Herbert L. Hildreth, puts up and offers for sale the molasses…
1Opinion of the CourtAllen, J.
There is no question of trademark in this case. The only question is, whether the plaintiff is entitled to an injunction on the ground that the defendant company was passing *17off its molasses candy as and for molasses candy made by the plaintiff, and thus injuring the plaintiff by unfair competition. On the report it would seem that others before the plaintiff had made molasses candy of the same size and shape, and wrapped the pieces in the same kind and size of paper, with twisted ends. To this combination, which was not original with the plaintiff, he added the printing of the word “ Velvet…
2Cases cited3 opinions
- Fischer v. . BlankNew York Court of Appeals · 1893
- Dover Stamping Co. v. FellowsMassachusetts Supreme Judicial Court · 1895
- Faber v. FaberNew York Supreme Court · 1867
3Cited by11 opinions
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- George G. Fox Co. v. GlynnMassachusetts Supreme Judicial Court · 1906
- Summerfield Co. v. Prime Furniture Co.Massachusetts Supreme Judicial Court · 1922
- Lapointe Machine Tool Co. v. J. N. Lapointe Co.Supreme Judicial Court of Maine · 1916
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