Burnett v. Phalon
New York Court of Appeals
Appeal from a judgment. This action was brought by Joseph Burnett and William Otis against Edward and Henry A. L. Phalon.
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Appeal from a judgment. This action was brought by Joseph Burnett and William Otis against Edward and Henry A. L. Phalon. The object of the action was to restrain the defendants from manufacturing, using, selling, or in any manner disposing of a compound or preparation with the name “ Cocaine,” or “ Cocoaine” printed or stamped upon the bottles, labels, wrappers, covers, or packages thereof; also from using the word “Cocoaine” or “Cocolne” upon any wrappers, labels, or trademarks, and also from manufacturing, selling, or offering for sale, any preparation or compound under the name of “…
1Opinion of the Court
Davies, Ch. J.
—Upon the facts found by fhe court, the right of the plaintiffs to the relief granted is clear and indisputable. The plaintiffs have adopted, appropriated and used a certain trademark. This has become their property, and, for its protection from invasion or use by others, the plaintiffs are entitled to invoke the aid of courts of justice.
We have the ascertained facts before us, that the defendants are using a spurious and unlawful imitation of the plaintiff’s trademark. This they cannot be permitted to do. The cases in the courts of this State have firmly established this…
2Cases cited5 opinions
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Clark v. ClarkNew York Supreme Court · 1857
- Stokes v. LandgraffNew York Supreme Court · 1853
- Wolfe v. GoulardNew York Supreme Court · 1859
- Williams v. JohnsonThe Superior Court of New York City · 1857
3Cited by4 opinions
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Selchow v. . BakerNew York Court of Appeals · 1883
- Insurance Oil Tank Co. v. ScottSupreme Court of Louisiana · 1881
- Lea v. WolfNew York Supreme Court · 1872