Prince Manufacturing Co. v. Prince's Metallic Paint Co.
New York Supreme Court
Appeal from special term, Yew York county. Action by the Prince Manufacturing Company against Prince’s Metallic Paint Company to prevent the use of a trade-mark. Prom an order adjudging defendant guilty of contempt, in violating a preliminary injunction, defendant appeals.
1Opinion of the CourtBrady, J.
The parties to this action are non-resident corporations. The action was brought to prevent the use of a trade-mark the title to which is claimed by both parties. The preliminary injunction having been granted, it is to be assumed that the court had acquired jurisdiction of the parties and the subject-matter. Indeed, there is no question about that circumstance. The asserted violation of the injunction which was held by the court below to have been committed was a sale of paint to L. Burton & Co. at Troy, if. Y., another to J. S. Briggs & Co. in Boston, and affixing the trade-mark to…
2Cases cited2 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Porous Plaster Co. of Sing Sing v. SeaburyNew York Supreme Court · 1888
3Cited by1 opinion
- D. Ransom, Son & Co. v. BallNew York Supreme Court · 1889