Filley v. Fassett
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts are fully set out in the opinion of the court. I. A silent acquiescence in use or imitation of a trade-mark, even for a short period, has been deemed sufficient ground for withholding equitable relief. (Elavel v. Harrison, 10 Hare, 467; G-illott v. Esterbrook, 47 Barb. 455.) II.
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Appeal from St. Louis Circuit Court. The facts are fully set out in the opinion of the court. I. A silent acquiescence in use or imitation of a trade-mark, even for a short period, has been deemed sufficient ground for withholding equitable relief. (Elavel v. Harrison, 10 Hare, 467; G-illott v. Esterbrook, 47 Barb. 455.) II. The respondent can have no exclusive abstract right to the use of the name “Charter Oak,” and he can have no property therein, because, before he used it in the combination which composes his trade-mark, it was a name in general use in language by the public. (Burnett v.…
1Opinion of the CourtCurrier, Judge
In 1851 the plaintiff employed N. S. Vedder, an extensive stove-pattern maker of Troy, New York, to design and construct for Mm a set or series of cooking stove patterns. The patterns were made as ordered, and in a form which resulted in the production of a cooking stove of a new and improved interior arrangement and construction, for which Vedder obtained letters patent, which he assigned to the plaintiff. The plaintiff originated and applied to the stove the name “ Charter Oak,” which was so formed upon the patterns as to produce the name upon the manufactured article, in combination with a…
2Cases cited9 opinions
- Clark v. ClarkNew York Supreme Court · 1857
- Stokes v. LandgraffNew York Supreme Court · 1853
- Partridge v. MenckNew York Court of Chancery · 1847
- Gillott v. EsterbrookNew York Supreme Court · 1867
- Howe v. Howe Machine Co.New York Supreme Court · 1867
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- Reading Stove Works, Orr, Painter & Co. v. S. M. Howes Co.Massachusetts Supreme Judicial Court · 1909
- Shaver v. ShaverSupreme Court of Iowa · 1880
- Smith v. WalkerMichigan Supreme Court · 1885
- Marshall v. PinkhamWisconsin Supreme Court · 1881
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