Parlett v. Guggenheimer
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appellants filed their hill of complaint, against the appellees, praying that an injunction might issue to restrain the defendants, their agents, servants and attorneys, from manufacturing or selling, or offering for sale plugs of tobacco of the kind described in the bill of complaint, having affixed thereon the designatory marks or tags entitled the “ Golden Chain,” or any other tags or marks so nearly resembling those of…
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Appeal from the Circuit Court of Baltimore City. The appellants filed their hill of complaint, against the appellees, praying that an injunction might issue to restrain the defendants, their agents, servants and attorneys, from manufacturing or selling, or offering for sale plugs of tobacco of the kind described in the bill of complaint, having affixed thereon the designatory marks or tags entitled the “ Golden Chain,” or any other tags or marks so nearly resembling those of the plaintiffs filed with the bill of complaint, as to deceive persons purchasing said articles, until the matter could…
1Opinion of the Court
Stone, J.,
delivered the opinion of the Cort.-
The learned Judge of the Circuit Court of Baltimore City in the opening of his very lucid opinion in this case says: *549“From. an inspection of the exhibits filed in this case, and an examination of the testimony, I have no doubt that the trade-mark adopted by the defendants is a simulation of that of the plaintiffs calculated to deceive the ordinary retail purchaser ; and I think the testimony further shows, that the simulation was designed for the purpose of enabling the defendants to put their goods upon the market upon the reputation previously…
2Cases cited1 opinion
- McLean v. FlemingSupreme Court of the United States · 1878
3Cited by9 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Barnes v. StarrSupreme Court of Connecticut · 1894
- Autoline Oil Co. v. Indian Refining Co.District Court, D. Maryland · 1924
- Loew v. Hayes Manufacturing Co.Michigan Supreme Court · 1922
- TIME, INCORPORATED v. Motor PublicationsDistrict Court, D. Maryland · 1955
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