Brooklyn White Lead Co. v. Masury
New York Supreme Court
PPEAL from an order made at a special term, dissolving an injunction. The injunction restrained the defendant from selling or offering for sale the spurious white lead mentioned in the complaint, manufactured by him, or by any other person, with the stamp or trade mark used by the defendant and described in the complaint, thereon ; and from selling any white lead manufactured by any person or body other than the plaintiffs, under the denomination of the plaintiffs’ white…
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PPEAL from an order made at a special term, dissolving an injunction. The injunction restrained the defendant from selling or offering for sale the spurious white lead mentioned in the complaint, manufactured by him, or by any other person, with the stamp or trade mark used by the defendant and described in the complaint, thereon ; and from selling any white lead manufactured by any person or body other than the plaintiffs, under the denomination of the plaintiffs’ white lead, or any denomination similating that of the plaintiffs, or put up in kegs or otherwise with the plaintiffs’ stamp or…
1Opinion of the Court
By the Court, Mitchell, P. J.
The plaintiffs have been engaged in the manufacture of white lead for more than twenty years, and have been in the habit, for that period, of marking their kegs with their name; adding the words, “ premium lead, warranted pure.” Since 1849, the defendant has been engaged in the same business; he and the plaintiffs manufacturing in Brooklyn, and each having a store in New York. The defendant, at first, labeled his kegs “ Brooklyn White Lead * pure, 100 lbs.” To that the plaintiffs did not object. They knew it, and may be considered as having assented to it, and led…
2Cited by22 opinions
- Corwin v. DalyThe Superior Court of New York City · 1860
- Wolfe v. GoulardNew York Supreme Court · 1859
- Metcalfe v. BrandCourt of Appeals of Kentucky · 1887
- Glendon Iron Co. v. UhlerSupreme Court of Pennsylvania · 1874
- Burton v. StrattonU.S. Circuit Court for the District of Eastern Michigan · 1882
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