Merry v. . Hoopes
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made July 2, 1886, which affirmed a judgment in favor of Evan T. Hoopes, the original defendant, the present defendants’ testator, entered upon the report of a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made July 2, 1886, which affirmed a judgment in favor of Evan T. Hoopes, the original defendant, the present defendants’ testator, entered upon the report of a decision of the court on trial at Special Term. This action was brought to restrain the use by the original defendant of certain brands claimed by plaintiff to be trademarks, to which he claimed an exclusive right. The original partners were formerly partners engaged in the business of manufacturing galvanized iron. The brands…
1Opinion of the CourtPeckham, J.
If the brands in question were trade-marks, so that they indicated that the iron upon which they were placed was of the manufacture of the plaintiff, or of the firm of which he had been a member, or that it had been galvanized by him or his firm, or specially sold by him or them, we think the right to exclusively use them on iron galvanized by the plaintiff, passed to him by virtue of the written papers signed by the parties at the time of the dissolution.
They were brands which had been designed by the plaintiff while a member of the firm of John Merry & Co., and had been used by that firm,…
2Cases cited1 opinion
- Huwer v. . DannenhofferNew York Court of Appeals · 1880
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- Williams v. FarrandMichigan Supreme Court · 1891
- President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916
- Pfleghar Hardware Specialty Co. v. BlairCourt of Appeals for the Second Circuit · 1929
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