Amoskeag Manufacturing Co. v. Spear
The Superior Court of New York City
This was a motion to dissolve or modify an injunction, which had been granted ex parte on giving security. The plaintiffs are a corporation in the state of New Hampshire, engaged in manufacturing cotton goods at or near Amoskeag Falls, since 1831. The complaint, verified June 16, 1850, stated that a principal article of their manufacture has always been ticking, which by care, skill, and at great expense, they had brought to a state of great perfection, and the best quality…
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This was a motion to dissolve or modify an injunction, which had been granted ex parte on giving security. The plaintiffs are a corporation in the state of New Hampshire, engaged in manufacturing cotton goods at or near Amoskeag Falls, since 1831. The complaint, verified June 16, 1850, stated that a principal article of their manufacture has always been ticking, which by care, skill, and at great expense, they had brought to a state of great perfection, and the best quality had deservedly acquired a great reputation throughout the United States. That for thirteen years past, they have used a…
1Opinion of the CourtBy the Court. Duer, J.
I am satisfied that this injunction ought not to be wholly dissolved, and equally so that upon the case, as it now stands, it cannot be sustained in the full extent to which it has been granted.
I shall first state the general rules that, as I conceive, belong to the subject, and then endeavor to apply those rules to the special facts in this case.
It has been said, that the doctrine of an exclusive property in trade-marks has prevailed from the time of the year books, (2 Keen, 218 ;) but it is certain that the jurisdiction, in relation to *605such marks, that courts of equity now exercise, is of…
2Cited by66 opinions
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
- Caswell v. . DavisNew York Court of Appeals · 1874
- Allen B. Wrisley Co. v. Iowa Soap Co.Court of Appeals for the Eighth Circuit · 1903
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