Graham v. Plate
California Supreme Court
Appeal from the District Court of- the Twelfth District, City and County of San Francisco. This is an action by the plaintiff for damages for an alleged violation of the trade-mark of his intestate, by the defendant. Judgment was rendered for plaintiff, and defendant appealed. The other facts are stated in the opinion. - In cases of this character, there are usually two sources of damage — first, injury to reputation; and second, loss of trade and business.
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Appeal from the District Court of- the Twelfth District, City and County of San Francisco. This is an action by the plaintiff for damages for an alleged violation of the trade-mark of his intestate, by the defendant. Judgment was rendered for plaintiff, and defendant appealed. The other facts are stated in the opinion. - In cases of this character, there are usually two sources of damage — first, injury to reputation; and second, loss of trade and business. Tbe first of these sources only exists when the trade-mark is used on an inferior article; and in the present case, it appears that the…
1Opinion of the Court
CroGKETT J.,
delivered tbe opinion of tbe Court, Rhodes, C. J., Wallace, J., and Temple, J., concurring:
Tbe two grounds chiefly relied upon by tbe defendant for a reversal of tbe judgment are: First — That tbe evidence shows that tbe trade-mark of Henry Deringer was used under a license from him by tbe defendant; and, Second— That there was no proof that Deringer suffered any damage by tbe use of tbe trade-mark, and tbe damages awarded by tbe Court are excessive. But neither point is tenable. Tbe evidence in respect to tbe license, when viewed in tbe light most favorable for tbe defendant,…
2Cited by28 opinions
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- El Modello Cigar Manufacturing Co. v. GatoSupreme Court of Florida · 1889
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