Burt v. Tucker
Massachusetts Supreme Judicial Court
Bill in equity by copartners engaged in the manufacture and sale of boots and shoes, to restrain the defendant from using their trade-mark consisting of the word “ Knickerbocker ” as applied to boots and shoes, filed November 27, 1900. The case was heard in the Superior Court, by Mason, C. J., who made the following note on the papers in the case: “ The answer admitting so much of the plaintiffs’ case as to rely wholly on the matter alleged in avoidance, the defendant was…
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Bill in equity by copartners engaged in the manufacture and sale of boots and shoes, to restrain the defendant from using their trade-mark consisting of the word “ Knickerbocker ” as applied to boots and shoes, filed November 27, 1900. The case was heard in the Superior Court, by Mason, C. J., who made the following note on the papers in the case: “ The answer admitting so much of the plaintiffs’ case as to rely wholly on the matter alleged in avoidance, the defendant was directed by the court t.o go forward on the question of the prior ownership and abandonment.” Thereafter on December 12,…
1Opinion of the CourtHolmes, C. J.
This is a bill to restrain the infringement of an alleged trade-mark consisting of the word “ Knickerbocker,” as applied to boots and shoes. In the answer a prior use and acquisition of the trade-mark by the defendant is set up. The case is here on the evidence, by appeal from a decree of the Superior Court dismissing the bill, after a finding that the facts were as alleged in the answer.
In considering whether the defence is made out, of course we shall assume in favor of the finding that the defendant was an honest witness, as he had every appearance of being, so far as the printed answers…
2Cases cited2 opinions
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- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- Delaney v. Framingham Gas, Fuel & Power Co.Massachusetts Supreme Judicial Court · 1909
- Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1904
- Adam Hat Stores, Inc. v. LefcoCourt of Appeals for the Third Circuit · 1943
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