Keasbey v. Brooklyn Chemical Works
New York Court of Appeals
Appeal from order of the General Term' of the Supreme Court in the first judicial department, made December 6, 1892, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and ordered a new trial. This action was brought to restrain defendants from using the words “ Bromo-Caffeine,” which plaintiffs claimed as a trade mark. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term' of the Supreme Court in the first judicial department, made December 6, 1892, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and ordered a new trial. This action was brought to restrain defendants from using the words “ Bromo-Caffeine,” which plaintiffs claimed as a trade mark. The facts, so far as material, are stated in the opinion. There having been no appeal from the order of the Special Term containing the findings of fact and directing judgment, the question as to whether or not the…
1Opinion of the CourtPeckham, J.
This action was tried by the court without a jury, and judgment was given in plaintiffs’ favor enjoining the defendants from the use of the words “ Bromo-Caffeine ” upon bottles containing a substance similar to that sold by the plaintiffs under that name. The injunction was granted on the ground that the defendants by such use of the above words infringed upon and violated the legal rights which the plaintiffs had acquired in the exclusive use of those words for the purposes of a trade mark.
The General Term of the Supreme Court reversed the judgment, and' granted a new trial, holding that…
2Cases cited2 opinions
- Caswell v. . DavisNew York Court of Appeals · 1874
- Selchow v. . BakerNew York Court of Appeals · 1883
3Cited by25 opinions
- Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- Nashville Syrup Co. v. Coca Cola Co.Court of Appeals for the Sixth Circuit · 1914
- San Francisco Ass'n for Blind v. Industrial Aid for Blind, Inc.Court of Appeals for the Eighth Circuit · 1946
- Artype, Incorporated v. Joseph Zappulla, Doing Business as Art-Type ServiceCourt of Appeals for the Second Circuit · 1956
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