Hazard v. . Caswell
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. (Mem. of decision below, 14 J. & S. 559.) This action was brought - to restrain defendants from using certain devices, the exclusive right to the use of which as a-trade-mark was claimed by plaintiffs, and to recover damages, etc.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. (Mem. of decision below, 14 J. & S. 559.) This action was brought - to restrain defendants from using certain devices, the exclusive right to the use of which as a-trade-mark was claimed by plaintiffs, and to recover damages, etc. The material facts are stated in the opinion. The trade-mark not being sold but remaining as undivided assets of the old firm, all the members of the…
1Opinion of the CourtDanforth, J.
The trial court found in substance that prior to July 31, 1876, the plaintiffs and the defendant Caswell were copartners, doing business as druggists at Newport, R. I,, and in the city of New Yorb, under the firm name of Caswell, Hazard & Co., using therein as owner, the trade-mark in question ; that on the day above named the copartnership expired by limitation, and the plaintiffs continued the business under the old firm name at its former location in both places, and prepared and sold cologne put up as before under the label used by the old firm, while the defendant, with one Massey, under…
2Cases cited1 opinion
- Robbins v. . FullerNew York Court of Appeals · 1862
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- Read v. MackayNew York Supreme Court · 1905
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