Coats v. Holbrook, Nelson & Co.
New York Court of Chancery
The bill in this cause was filed on the 30th of July, 1844, by James, Peter and Thomas Coats, manufacturers, constituting the firm of J. & P. Coats of Paisley in Scotland; against L. Holbrook, T. S. Nelson and W. E. Shepard, commission merchants in the city of New York, trading under the name of Holbrook, Nelson & Co. The bill stated that the complainants for several years, have been the manufacturers and sellers of spool cotton thread used for sewing, and have forwarded the…
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The bill in this cause was filed on the 30th of July, 1844, by James, Peter and Thomas Coats, manufacturers, constituting the firm of J. & P. Coats of Paisley in Scotland; against L. Holbrook, T. S. Nelson and W. E. Shepard, commission merchants in the city of New York, trading under the name of Holbrook, Nelson & Co. The bill stated that the complainants for several years, have been the manufacturers and sellers of spool cotton thread used for sewing, and have forwarded the same to their agents for sale in the city and state of New York, and elsewhere in the United States, where they have…
1Opinion of the Court
The Assistant Vice-Chancellor.
principles applicable to this case are well settled.
A man is not to sell the goods or manufactures of B., under the show or pretence that they are the goods or manufactures of A., who by superior skill or industry has established the reputation of his articles in the market. The law will permit no person to practice a deception of that kind, or to use the means which contribute to effect it. He has no right, and he will not be allowed, to use the names, letters, marks, or other symbols by which he may palm off upon buyers as the manufactures of another, the…
2Cited by2 opinions
- Partridge v. MenckNew York Court of Chancery · 1847
- Sohl v. GeisendorfIndiana Superior Court · 1871