Eureka Fire Hose Co. v. Eureka Rubber Manufacturing Co.
New Jersey Court of Chancery
Heard on bill, amended bill, answers, replication and proofs. Complainant is a corporation of this state, incorporated December 25th, 1899, under the name of “Eureka Eire Hose Company,” and the defendant is also a corporation of this state, organized July 15th, 1902, under the name of “The Eureka Eubber Manufacturing Company.”
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Heard on bill, amended bill, answers, replication and proofs. Complainant is a corporation of this state, incorporated December 25th, 1899, under the name of “Eureka Eire Hose Company,” and the defendant is also a corporation of this state, organized July 15th, 1902, under the name of “The Eureka Eubber Manufacturing Company.” The principal manufactures of the complainant are fire and other hose, two-thirds of its business being in a rubber-lined cotton fire hose, and a considerable part of defendant’s sales—seven per cent, or more—• are of hose of the same general character. Complainant is…
1Opinion of the Court
Emery, V. C.
(After statement of issues.)
Eour questions for decision are raised by the pleadings and proofs.
First. Whether complainant has such an exclusive right to the use of the name or word “Eureka” as applied to the goods of its manufacture that the use of this name or word by defendant in the marketing of similar goods in competition is an infringement of complainant’s right to the use of the word or name on the goods.
Second. Whether the use of the name or word “Eureka” by the defendant in its corporate title or otherwise, in connection *163with the marketing of the goods in competition with…
2Cases cited5 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Newman v. . AlvordNew York Court of Appeals · 1872
- Hier v. . AbrahamsNew York Court of Appeals · 1880
3Cited by17 opinions
- Red Devil Tools v. TIP TOP BRUSH CO., INC.Supreme Court of New Jersey · 1967
- American Shops, Inc. v. AM. FASHION, & C., INC.New Jersey Superior Court Appellate Division · 1951
- Weiss v. the Stork Gift ShopNew Jersey Court of Chancery · 1946
- Goldscheider v. SchnitzerNew Jersey Superior Court Appellate Division · 1949
- Sachs, Etc., Radio Co. v. SACHS QUALITY STORESNew Jersey Superior Court Appellate Division · 1956
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