Prince Manufacturing Co. v. Prince's Metallic Paint Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made July 23, 1891, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought to restrain defendant from using a, certain label or trade-mark. x The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made July 23, 1891, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought to restrain defendant from using a, certain label or trade-mark. x The facts, so far as material, are stated in the opinion. The reversal being upon the facts as well as the law, all the facts, and every question of fact and law, are before this court. And rmless it appear that the findings of the trial court are against the…
1Opinion of the CourtAndrews, J.
It is undisputed that the title “ Prince’s Metallic Paint” was first applied in the year 1858 by Pobert Prince and Antoinette Prince, his wife, to paint manufactured by them from iron ore obtained from a tract of land comprising about forty-four acres, owned by Antoinette Prince, situated in Carbon county, Pennsylvania, and upon which the mill and kilns in which the paint was manufactured, were located. The product of the business was sold in packages, upon which a label was affixed, circular in form, and on the rim were printed the words “ Prince’s Metallic Paint.” It is also undisputed that…
2Cases cited2 opinions
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Kenny v. Martin Gillet & Co.Court of Appeals of Maryland · 1889
3Cited by45 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Worden v. California Fig Syrup Co.Supreme Court of the United States · 1903
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Rapoport v. SchneiderNew York Court of Appeals · 1972
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
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