Legal Opinion

Putnam Nail Co. v. Dulaney

Supreme Court of Pennsylvania

Decided February 23, 1891No. 90PublishedCited by 10 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 90 January Term 1891, Sup. Ct.; court below, No. 514 September Term 1889, C. P. No. 3, in Equity.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 90 January Term 1891, Sup. Ct.; court below, No. 514 September Term 1889, C. P. No. 3, in Equity. On October 31, 1889, the Putnam Nail Company filed a bill in equity against B. F. Dulaney, making in substance, as after-wards amended, the following averments: That the plaintiff was a corporation, organized under the laws of the state of Massachusetts, and had been engaged for many years in the manufacture and sale of horse-shoe nails, and nails of its manufacture had acquired a reputation leading to large…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson:

The court below sustained the defendant’s demurrer, and dismissed the plaintiff’s bill. It was evidently intended as a trade-mark bill. Yet the case lacks every element of a trademark. There is no trade-mark shown nor alleged which it is charged the defendant has pirated. On the contrary, the bill alleges that the plaintiff manufactures a peculiar kind of horseshoe nail. It is known to the trade as a bronzed nail, being covered with a coating of bronze. If is not alleged they are any better for being bronzed, but they are more popular, and sell more readily.…

2Cited by10 opinions

  1. Diamond Match Co. v. Saginaw Match Co.Court of Appeals for the Sixth Circuit · 1906
  2. Chas. H. Elliott Co. v. Skillkrafters, Inc.Supreme Court of Pennsylvania · 1921
  3. Capewell Horse Nail Co. v. MooneyU.S. Circuit Court for the District of Northern New York · 1909
  4. Goodyear Tire & Rubber Co. v. RobertsonCourt of Appeals for the Fourth Circuit · 1928
  5. Jessar Manufacturing Corp. v. BerlinSupreme Court of Pennsylvania · 1955

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