Holt v. Menendez

This is an action to restrain the infringement of a trademark. The complainants are engaged in the flour and commission business in the city of New York, under the firm name of Holt & Co. The firm was organized 40 years ago, and, with the inevitable changes wrought by time, has continued in the same business ever since. In 1861 they commenced to use, and have since continuously used, to distinguish a certain flour prepared by them, the trade-mark in question, “La Favorita.” The trade-mark was registered in the patent-office, February 28, 1882.

The defendants, admitting the use of the name “La…