Weston v. Ketcham
The Superior Court of New York City
Appeal by defendants from a judgment, and from an order at special term, denying a motion for a new trial. The action was commenced in March, 1874, for a perpetual injunction to restrain the defendants from using a trade-mark, to wit, “Captain S. Pepper’s Extra Signal Oil,” and for damages for their alleged previous wrongful use of the same.
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Appeal by defendants from a judgment, and from an order at special term, denying a motion for a new trial. The action was commenced in March, 1874, for a perpetual injunction to restrain the defendants from using a trade-mark, to wit, “Captain S. Pepper’s Extra Signal Oil,” and for damages for their alleged previous wrongful use of the same. The findings of the judge were as follows : 1. That Simeon Pepper in his life time with the aid of his wife Abbie A. Pepper, and of George N. Weston, one of the plaintiffs, experimented for the purpose, and succeeded, in compounding and manufacturing an…
1Opinion of the Court
The following opinion was delivered at special term:
Spier, J.
The action is brought against the defendants for violating the plaintiffs’ trade-mark, consisting of a circular label or stamp, marked and letters “Captain S. Pepper’s Extra Signal Oil.” An arrangement had been made by which the parties, plaintiffs and defendants, had jointly as copartners, manufac*62tured this oil and the factory was known, and published, “F. O. Ketcham & Co., Manufacturers.” The' defendants claimed not only to have knowledge of the secret process of making the oil, but also that they, in their arrangement with the…
2Cases cited3 opinions
- Kelley v. GreenleafU.S. Circuit Court for the District of Massachusetts · 1843
- Comstock v. WhiteNew York Supreme Court · 1860
- Mitchell v. ReadNew York Supreme Court · 1872