United Lace & Braid Mfg. Co. v. Barthels Mfg. Co.
District Court, E.D. New York
In Equity. Suit by the United Lace & Braid Manufacturing Company against the Barthels Manufacturing Company for infringement of trade-mark and for unfair competition. The evidence shows that the company complainant has been continuously engaged since its incorporation in 1905 in the sale of shoe laces of superior quality.
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In Equity. Suit by the United Lace & Braid Manufacturing Company against the Barthels Manufacturing Company for infringement of trade-mark and for unfair competition. The evidence shows that the company complainant has been continuously engaged since its incorporation in 1905 in the sale of shoe laces of superior quality. A distinctive feature of its laces from the outset was a metal tip, whereby, pursuant to letters patent No. 722,902, dated March 17, 1903, “a portion of the sheet metal of the tip is forced inward from the opposite sides to lock the same to the lace at points offset to one…
1Opinion of the CourtVeeder, District Judge
(after stating the facts as above). This is a suit for infringement of an unregistered trade-mark and for unfair competition. In trade-mark and unfair competition cases alike we have to dowith the indicia of ownership, and the fundamental principle underlying both is that no person may pass off his goods as and for the goods of another and thereby work a fraud upon the public and upon his rival in trade.
[1-3] A trade-mark is a distinctive mark of authenticity through which the products of a particular manufacturer may be distinguished from others. It may be any symbol or form of words; but,…
2Cases cited3 opinions
- Royal Baking Powder Co. v. RoyalCourt of Appeals for the Sixth Circuit · 1903
- Capewell Horse Nail Co. v. MooneyU.S. Circuit Court for the District of Northern New York · 1909
- Janney v. Pan-Coast Ventilator & Mfg. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
3Cited by14 opinions
- Old Dutch Foods, Inc. v. Dan Dee Pretzel & Potato Chip Co. And Berg's Pretzels, Inc.Court of Appeals for the Sixth Circuit · 1973
- Van Camp Sea Food Co. v. Alexander B. Stewart OrganizationsCourt of Customs and Patent Appeals · 1931
- Stephano Bros. v. StamatopoulosCourt of Appeals for the Second Circuit · 1916
- Garrett & Co. v. A. Schmidt, Jr., & Bros. Wine Co.District Court, N.D. Ohio · 1919
- Kiekhaefer Corp. v. Willys-Overland Motors, Inc.Court of Customs and Patent Appeals · 1956
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