Gillott v. Esterbrook
New York Supreme Court
THIS action was brought to recover damages for an infringement of the plaintiff’s trade mark as a manufacturer of steel pens, by the defendants ; and the plaintiff prayed for an injunction restraining the defendants from using the trade marks in question.
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THIS action was brought to recover damages for an infringement of the plaintiff’s trade mark as a manufacturer of steel pens, by the defendants ; and the plaintiff prayed for an injunction restraining the defendants from using the trade marks in question. The action was tried on pleadings and proofs, at a special term in New York, before Justice Potter, in November, 1864, by whom the following facts were found, viz : ££It is found by the court that the plaintiff is a manufacturer of steel pens in Birmingham, England, and has been such manufacturer since the year 1825, or before that time ;…
1Opinion of the Court
The following opinion was delivered by the justice, at special term.
Potter, J.
“ The facts established by the evidence show that the plaintiff is a manufacturer-of steel pens at Birmingham, England. That he commenced the manufacture of pens as far back as the year 1825, and has an agency at 91 John street, Sew York, where his pens are consigned to his agent, and where he sells to the trade and others at wholesale and retail to a large amount. Among the varieties of pens made by the plaintiff is a flexible, bronzed, double ground, extra fine pointed slip pen, with an oval opening in the…
2Cases cited5 opinions
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Stokes v. LandgraffNew York Supreme Court · 1853
- Partridge v. MenckNew York Court of Chancery · 1847
- Wolfe v. GoulardNew York Supreme Court · 1859
- Taylor v. CarpenterNew York Court of Chancery · 1844
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- Westcott Chuck Co. v. Oneida National Chuck Co.New York Court of Appeals · 1910
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