Reading Stove Works, Orr, Painter & Co. v. S. M. Howes Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 7, 1903, and amended on January 24, 1907, to restrain the defendant from manufacturing, selling or offering for sale, directly or indirectly, any parts for stoves or ranges manufactured by it or any person other than the plaintiff under the denomination of “ Sunshine” or “ Othello” parts for stoves and ranges, or marked with the letters “ S ” or “ SS,” used on such stove parts singly or in conjunction with various names to…
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Bill in equity, filed in the Superior Court on April 7, 1903, and amended on January 24, 1907, to restrain the defendant from manufacturing, selling or offering for sale, directly or indirectly, any parts for stoves or ranges manufactured by it or any person other than the plaintiff under the denomination of “ Sunshine” or “ Othello” parts for stoves and ranges, or marked with the letters “ S ” or “ SS,” used on such stove parts singly or in conjunction with various names to designate the variety of “ Sunshine ” or “ Othello ” stoves of which such stove parts are a portion, also for an…
1Opinion of the CourtBraley, J.
By prior appropriation of the word “ Sunshine,” not as indicative merely of the quality of its goods, but as making plain their origin, and the plaintiff’s identity as the manufacturer of the stoves which under this name it has for many years made and sold in the market, the plaintiff correctly was held to have acquired a valid trademark which the law will protect from infringement. Regis v. Jaynes, 185 Mass. 458, 459, 460, and cases cited. Lever Brothers v. Pasfield, 88 Fed. Rep. 484. Walter Baker Co. v. Delapenha, 160 Fed. Rep. 746. In their manufacture the plaintiff attached to the…
2Cases cited19 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Flagg Manufacturing Co. v. HolwayMassachusetts Supreme Judicial Court · 1901
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Underhill v. . SchenckNew York Court of Appeals · 1924
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- Norton v. ChiodaMassachusetts Supreme Judicial Court · 1945
- Blair's Foodland Inc. v. Shuman's Foodland, Inc.Massachusetts Supreme Judicial Court · 1942
19 more not listed; retrieve them via the Exa API.