Legal Opinion

Stachelberg v. Ponce

Supreme Court of the United States

Decided December 17, 1888No. 51PublishedCited by 6 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE. , This was a trade-mark case. ‘ The principal relief asked by the appellants,; who were' the plaintiffs below, was a decree enjoining the appellee, who was the defendant below, his . agents and servants,. from using as a trade-name in their business of manufacturing and - selling cigars, the words “ Normandie,” or “ E. P. Normanda,” or “ La Normanda,” or “Normanda;”, such use pf those words being,…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE. , This was a trade-mark case. ‘ The principal relief asked by the appellants,; who were' the plaintiffs below, was a decree enjoining the appellee, who was the defendant below, his . agents and servants,. from using as a trade-name in their business of manufacturing and - selling cigars, the words “ Normandie,” or “ E. P. Normanda,” or “ La Normanda,” or “Normanda;”, such use pf those words being, it was' alleged, .a violation of the right of the plaintiffs to the exclusive use of the words “La ..Normandi”-and…

1Opinion of the CourtJustice Harlan

After stating the facts as above, he continued: We are of opinion that the plaintiffs are not entitled to an injunction restraining the defendant from using the words “La Normanda” or “Normanda” as'part of a brand or label for cigars manufactured or sold by him. If it was' satisfactorily shown that those words were not used in the trade j;o designate a particular kind of/ cigars, until after the words “La Normandi” or “ Normandi ” had become a part of -the established trade-mark of Bijur, it might be necessary to consider whether the former words taken in connection with the entire label or…

2Cited by6 opinions

  1. Vicksburg Waterworks Co. v. VicksburgSupreme Court of the United States · 1902
  2. Corbin v. GouldSupreme Court of the United States · 1890
  3. Watkins v. LandonSupreme Court of Minnesota · 1893
  4. Clode v. SonsAppellate Division of the Supreme Court of the State of New York · 1922
  5. Symonds v. JonesSupreme Judicial Court of Maine · 1890

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