Westcott Chuck Co. v. Oneida National Chuck Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in deciding in its first conclusion of law that the respondent corporation had the right to manufacture and sell drill chucks, which were duplicates of the two types of drill chucks manufactured by the appellant, as the “ Little Giant Improved ” and “ Little…
1Opinion of the Court
Cullen, Ch. J.
The action is to restrain unfair competition in trade, for damages and for an accounting of profits. The appellant is a manufacturer of drill chucks in Oneida, Madison county, of a design and character formerly protected by certain patents. At the expiration of the patents the defendant purchased some of these chucks and entered upon the manufacture of tools exactly the same in character and style and of the same size as those made by the plaintiff, and, as found by the trial court, “ advertised its said chucks in such language and manner as to convey to the trade and to…
2Cases cited6 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- Tabor v. . HoffmanNew York Court of Appeals · 1889
- Gillott v. EsterbrookNew York Supreme Court · 1867
- Cooke Cobb Co. v. . MillerNew York Court of Appeals · 1902
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3Cited by25 opinions
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- Harry R. Defler Corp. v. KleemanAppellate Division of the Supreme Court of the State of New York · 1963
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