Weener v. Brayton
Massachusetts Supreme Judicial Court
Bill IN EQUITY, by the members and officers of a voluntary association, against a workman to prevent the alleged infringement of a label as a trade-mark. The defendant demurred to the bill for want of equity, C. Allen, J., sustained the demurrer, and dismissed the bill; and the plaintiffs appealed to this court. The material allegations of the bill appear in the opinion.
1Opinion of the CourtDevens, J.
This case is before us upon a demurrer, which concedes for the purpose of this hearing the truth, of the allegations of the bill. From these it appears that the plaintiffs are officers and members of the Cigar Makers’ Union, No. 97; that this union is a member of the Cigar Makers’ International Union of America, which is a voluntary association composed wholly of local unions; that the Cigar Makers’ International Union has authorized and directed its president to furnish to all local unions a trade-mark label, to be pasted upon the outside of each box containing cigars made by members of the…
2Cases cited5 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Rogers v. TaintorMassachusetts Supreme Judicial Court · 1867
- Cigar-Makers' Protective Union v. ConhaimSupreme Court of Minnesota · 1889
- People v. FisherNew York Supreme Court · 1889
3Cited by25 opinions
- American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
- The Children's Bootery v. SutkerSupreme Court of Florida · 1926
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916
- Bancroft v. CookMassachusetts Supreme Judicial Court · 1928
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