New England Awl & Needle Co. v. Marlborough Awl & Needle Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 12, 1896, to restrain the infringement of an alleged exclusive right to use a certain package for the plaintiff’s goods. Hearing before Sheldon, J., who ruled that the plaintiff was not entitled to the relief asked, and ordered the bill to be dismissed; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a bill to restrain the infringement of an alleged exclusive right of the plaintiff to put up awls in a distinctive package consisting of a bronze colored box having a brown label on the top and one side with printed inscriptions, and tied with an orange string. The box used by the defendant is indistinguishable in every particular, including the words of the inscription and the size and shape of the type, except that at the bottom, instead of “ Manufactured and Warranted by the New England Awl & Needle' Co., West Medway, Mass.,” the defendant’s label reads, “ Manufactured for the…
2Cases cited9 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
- Carden v. SpilmanTennessee Supreme Court · 1847
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
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3Cited by56 opinions
- Federal Trade Commission v. Winsted Hosiery Co.Supreme Court of the United States · 1922
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- Coca-Cola Co. v. Snow Crest Beverages, Inc.Court of Appeals for the First Circuit · 1947
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Royal Baking Powder Co. v. RoyalCourt of Appeals for the Sixth Circuit · 1903
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