Legal Opinion

Commonwealth v. Rozen

Massachusetts Supreme Judicial Court

Decided May 17, 1900PublishedCited by 3 opinions

Complaint, for using counterfeit trade-marks on cigars. Trial in the Superior Court, before Bond, J., who refused to direct a verdict for the defendants, and to rule that St. 1893, c. 443, was unconstitutional. The jury returned a verdict of guilty; and the defendants alleged exceptions, which appear in the opinion.

1Opinion of the CourtHolmes, C. J.

This is a complaint under St. 1895, c. 462, § 4, for using counterfeit trade-marks upon cigars. The defendants admitted that they were guilty subject to the question whether there was a valid registration of the trade-marks, in-eluding the question whether the statute was constitutional in *130its application to this case. These questions were raised by requests for rulings which need not be repeated at length, and come here on exceptions.

The trade-marks were recorded under St. 1893, c. 443, but it is not disputed that if properly recorded the liability for counterfeiting them is preserved by § 7…

2Cases cited8 opinions

  1. Seymour v. OsborneSupreme Court of the United States · 1871
  2. Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
  3. Commonwealth v. GagneMassachusetts Supreme Judicial Court · 1891
  4. Whittemore v. CutterU.S. Circuit Court for the District of Massachusetts · 1813
  5. Harris v. City of QuincyMassachusetts Supreme Judicial Court · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
  2. Commonwealth v. AnselvichMassachusetts Supreme Judicial Court · 1904
  3. Bouchard v. First People's TrustMassachusetts Supreme Judicial Court · 1925

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