McElwee v. . Blackwell
Supreme Court of North Carolina
Civil Action, tried before Phillips, J., at August Term, 1888, of Rowan Superi .r Court. The plaintiff sued to recover damages for the unlawful appropriation and use by the defendants of a trade mark to which he claimed the proprietary right. The facts are stated in the opinion.
1Opinion of the CourtSmith, C. J.
The action was begun in the Superior Court of Iredell, thence removed to Rowan County, and terminated adversely to the plaintiff upon the defence of a previous adjudication of the same subject matter in an action instituted afterwards by the Blackwell Durham Tobacco Company. The parties to both actions were adverse claimants to the right to use the same designation or trade mark on manufactured smoking tobacco put up in bags or otherwise, and the purpose of each suit was to establish this alleged proprietary right against the other. The present plaintiff derives his title to the label or…
2Cases cited5 opinions
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
- Yates v. . YatesSupreme Court of North Carolina · 1879
- Gay v. . StancellSupreme Court of North Carolina · 1877
- Sigmon v. . HawnSupreme Court of North Carolina · 1882
3Cited by4 opinions
- Cannon v. . CannonSupreme Court of North Carolina · 1943
- Bidwell v. Bidwell.Supreme Court of North Carolina · 1905
- Jordan v. . FarthingSupreme Court of North Carolina · 1895
- Cannon v. . CannonSupreme Court of North Carolina · 1943