Burt v. Smith
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. Suit by William. W. Smith against Alfred H. Burt and another. From an order granting a preliminary injunction restraining them from continuing the alleged infringement of the trade-mark rights of complainant, defendants appeal.
1Opinion of the Court
LACOMBE, Circuit Judge.
Complainant is a citizen of Poughkeepsie, N. Y., doing business under the name of Smith Bros. He is the successor of the original firm of that name, comprising himself and his brother, Andrew Smith, who died in October, 1894. The business of the firm and of the complainant has been and is the manufacture and sale of cough drops. For 18 years last past the cough drops manufactured and sold by them have been of uniform size, color, and form, stamped on one side with a star, and on the other side with the letters “S. B.,” with a bar above and below the letters; These cough…
2Cited by9 opinions
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Vogue Co. v. Vogue Hat Co.Court of Appeals for the Sixth Circuit · 1926
- National Casket Co. v. New York & Brooklyn Casket Co.District Court, S.D. New York · 1911
- Pinaud, Inc. v. HuebschmanDistrict Court, E.D. New York · 1928
- Bernstein v. DanwitzU.S. Circuit Court for the District of Southern New York · 1911
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