Prince Manuf'g Co. v. Prince's Metallic Paint Co.
New York Supreme Court
Action by the Prince Manufacturing Company against Prince’s Metallic Paint Company. Judgment for defendant. The decision herein was reversed by the general term, (15 N. Y. Supp. 249,) but on appeal to the court of appeals the decision of the general term was reversed, and the decision of the special term was affirmed. See 31 N. E. Rep. 990.
1Opinion of the CourtPatterson, J.
This action is based altogether upon what' is claimed te be an infringement of a right to a trade-mark. That is the only cause of *463action set forth in the complaint. Everything there charged against the defendant is in connection with the violation of that asserted right. There is no claim for relief founded upon a cause of action arising from fraudulent conduct of the defendant, separated from the alleged infringement of a trade-mark. I am therefore compelled to treat the cause as one resting upon the single cause of action stated. Fisher v. Rankin, (Sup.) 7 N. Y. Supp. 837, and cases there…
2Cases cited7 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Butts v. . WoodNew York Court of Appeals · 1867
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
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3Cited by1 opinion
- Marshall v. Industrial Federation of AmericaAppellate Terms of the Supreme Court of New York · 1903