Kinney Tobacco Co. v. Maller
New York Supreme Court
Appeal from special term, New York county. Action by the Kinney Tobacco Company against Oscar Mailer, to recover damages for infringement of a trade-mark, and to enjoin defendant from a continuance of the same. Judgment being rendered for plaintiff, the defendant appeals.
1Opinion of the CourtDaniels, J.
The plaintiff and defendant are manufacturers 'of cigarettes in the city of New York, and the action was brought to restrain the' defend*390ant from the use of a device adopted by him as a trade-marie, upon the alleged ground that it infringed a trade-mark previously adopted and used by the plaintiff and its predecessors in the same business. The cigarettes manufactured by the plaintiff were put up in packages, upon the wrapper of which was its label, containing the words, in circular form, “Sweet Caporal.” These words were above space containing a cap, ornamented with a device extending from the…
Also in this document: Concurrence.
2Cases cited9 opinions
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Caswell v. . DavisNew York Court of Appeals · 1874
- Colman v. . CrumpNew York Court of Appeals · 1877
- Selchow v. . BakerNew York Court of Appeals · 1883
- Enoch Morgan's Sons Co. v. . TroxellNew York Court of Appeals · 1882
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3Cited by3 opinions
- Griggs, Cooper & Co. v. Erie Preserving Co.U.S. Circuit Court for the District of Western New York · 1904
- Taendsticksfabriks Aktiebolaget Vulcan v. MyersNew York Supreme Court · 1890
- D. Ransom, Son & Co. v. BallNew York Supreme Court · 1889