Magee Furnace Co. v. Le Barron
Massachusetts Supreme Judicial Court
Bill in equity, filed March 29,1877, alleging that the plaintiff, a corporation established under the laws of this Commonwealth, had for many years been engaged in the business of manufacturing and selling furnaces, ranges and stoves, and parts of the same, and had during such time exclusively used upon each of the stoves one of the following names ; “ Magee Advance No. 7,” “ Magee Advance No. 8,” “ Chelsea Cook No. 7,” “ Chelsea Cook No. 8,” “ Champion Cook No. 7,” “…
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Bill in equity, filed March 29,1877, alleging that the plaintiff, a corporation established under the laws of this Commonwealth, had for many years been engaged in the business of manufacturing and selling furnaces, ranges and stoves, and parts of the same, and had during such time exclusively used upon each of the stoves one of the following names ; “ Magee Advance No. 7,” “ Magee Advance No. 8,” “ Chelsea Cook No. 7,” “ Chelsea Cook No. 8,” “ Champion Cook No. 7,” “ Champion Cook No. 8,” “ Magee No. 7,” “ Magee No. 8,” “ Standard Cook No. 7," “ Standard Cook No. 8,” “ Success Cook No. 7,” “…
1Opinion of the CourtSoule, J.
The defendant had the legal right to manufacture and sell parts of stoves suitable to replace worn-out parts of the stoves made by the plaintiff. He violated no right of the plaintiff by using parts made by it as patterns for casting like parts. As the plaintiff had no patents, it had no exclusive right to manufacture or sell. Recognizing this, it contends that the defendant violated its right to certain trade-marks by making parts of stoves with certain letters and numbers thereon, and by selling them under the several names which were the plaintiff’s trade-marks.
Looking solely at the use of…
2Cited by7 opinions
- Electric Auto-Lite Co. v. P. & D. MFG. CO.Court of Appeals for the Second Circuit · 1935
- Lepage Co. v. Russia Cement Co.Court of Appeals for the First Circuit · 1892
- Reading Stove Works, Orr, Painter & Co. v. S. M. Howes Co.Massachusetts Supreme Judicial Court · 1909
- Russo v. ThompsonMassachusetts Supreme Judicial Court · 1936
- Dover Stamping Co. v. FellowsMassachusetts Supreme Judicial Court · 1895
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