Enoch Morgan's Sons Co. v. . Troxell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 4, 1881, which affirmed a judgment, in favor of plaintiff, entered upon the report of a referee. (Eeported below, 23 Hun, 632.) This action was brought to restrain defendant from an alledged infringement upon plaintiff’s trade-mark. The material facts are stated in the opinion.
1Opinion of the CourtRapallo, J.
Specimens of the packages and labels used by the plaintiff, and of those used by the defendants, and which are claimed to be an infringement of the plaintiff’s trade-mark, have been submitted to our inspection, and we are clearly of opinion that there is too great a dissimilarity between the two to sustain the judgment in this case. The only points of similarity between the two articles sold are, that they are both small cakes of soap covered with tin-foil or tinned paper, and having a blue band around them, with gilt lettering. The cakes are not even of the same shape, one being nearly…
2Cases cited1 opinion
- Popham v. . ColeNew York Court of Appeals · 1876
3Cited by27 opinions
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- Koehler v. . SandersNew York Court of Appeals · 1890
- Smith v. WalkerMichigan Supreme Court · 1885
- Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Court of Appeals for the Fifth Circuit · 1917
- Mossler v. JacobsAppellate Court of Illinois · 1896
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