Cutter v. . Gudebrod Brothers Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 22, 1906, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, oare stated in the opinion. In computing the profits the referee should have allowed the defendant to deduct the expense of selling the goods from the gross receipts.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 22, 1906, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, oare stated in the opinion. In computing the profits the referee should have allowed the defendant to deduct the expense of selling the goods from the gross receipts. (Tremaine v. Hitchcock, 90 U. S. 518.) The referee erred in allowing interest from the commencement of the action, because the amount of profits and damages…
1Opinion of the CourtHaight, J.
This action was brought to enjoin the defendant from using the name of the plaintiff in connection with the manufacture and sale of spool silk, and to recover damages therefor. Upon'the trial an interlocutory decree was entered enjoining the defendant from the use of the plaintiff’s name, and adjudging that the defendant account for and pay over to the plaintiff all profits realized by it from the unlawful use of the plaintiff’s name, together with the damages sustained by the plaintiff, and appointed a referee to take the proofs and determine the amount. The referee, in his report, found…
2Cases cited1 opinion
- Tremaine v. Hitchcock & Co.Supreme Court of the United States · 1875
3Cited by15 opinions
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Carter Products, Inc. v. Colgate-Palmolive CompanyDistrict Court, D. Maryland · 1963
- Winifred Warren, Inc. v. Turner's Gowns, Ltd.New York Court of Appeals · 1941
- Winthrop Chemical Co. v. BlackmanNew York Supreme Court · 1936
- Love v. KwitnyDistrict Court, S.D. New York · 1991
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