Capewell Horse Nail Co. v. Mooney
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern-District of New York. ■ Suit by the Capewell Horse Nail Company against Walworth M. Mooney. From a decree (167 Fed. 575) for complainant, defendant appeals.
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Appeal from the Circuit Court of the United States for the Northern-District of New York. ■ Suit by the Capewell Horse Nail Company against Walworth M. Mooney. From a decree (167 Fed. 575) for complainant, defendant appeals. This cause’comes here upon appeal from a decree of the Circuit Court, Northern District of New York, enjoining defendant from making, using, or soiling or offering for sale horse nails bearing the trade-marlc of complainant such as have been heretofore made and, sold by defendant or bearing any mark so similar to complainant’s trade-mark as to be likely to .deceive…
1Opinion of the Court
RACOMBK, Circuit Judge.
The mark consists of a pattern of small checks, formed by lines crossing each other diagonally,; stamped upon the under or bevelled side or front, face of the head of the horser shoe nails and substantially covering the surface of that particular; face. It is not a rhomboid, but has four sides, the upper and lower sides.being parallel but unequal, the upper being the longest. The right and left sides are of equal length, but not parallel. Within these boundaries are the check marks. No complaint is made of the marking or dressing up of the packages in which defendant’s…
2Cases cited1 opinion
- Capewell Horse Nail Co. v. Putnam Nail Co.U.S. Circuit Court for the District of Massachusetts · 1905
3Cited by17 opinions
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Samson Cordage Works v. Puritan Cordage MillsCourt of Appeals for the Sixth Circuit · 1914
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Sylvania Electric Products, Inc. v. Dura Electric Lamp Company, Inc., and Michael PortnowCourt of Appeals for the Third Circuit · 1957
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