Baldwin Co. v. R. S. Howard Co.
District Court, S.D. New York
In Equity. Bill by the Baldwin Company against the R. S. Howard Company, which counterclaimed. Final hearing in equity, plaintiff suing for infringement of trade-mark 31,-411 registered May 8, 1898; also, of trade-mark 46,993, registered October 17, 1905; also, of the name “Howard” as a common-law trade-mark for pianos, and for unfair competition in that the defendant uses, or threatens to use, the name “Howard” in marking, and in connection with the sale of pianos, as…
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In Equity. Bill by the Baldwin Company against the R. S. Howard Company, which counterclaimed. Final hearing in equity, plaintiff suing for infringement of trade-mark 31,-411 registered May 8, 1898; also, of trade-mark 46,993, registered October 17, 1905; also, of the name “Howard” as a common-law trade-mark for pianos, and for unfair competition in that the defendant uses, or threatens to use, the name “Howard” in marking, and in connection with the sale of pianos, as distinguished from the name “R. S. Howard Company,” “R. S. Howard Co.,” or ‘R. S. Howard.” The registered trade-marks…
1Opinion of the CourtHougii, District Judge
(after stating the facts as above). The cancellation proceedings above referred to were brought long before this suit, and the record herein largely consists of the evidence taken in the Patent Office by both parties. It is exceedingly voluminous, and descends into great detail. About these details there is that uncertainty, if not contradiction in nonessentials, which must always be the case when even intelligent and well-intentioned men testify regarding occurrences of many years ago.
After perusing the entire record, however, I am of opinion that as to all relevant facts (in the sense of…
2Cases cited5 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- Thomas J. Carroll & Son Co. v. McIlvaine & BaldwinCourt of Appeals for the Second Circuit · 1910
- Thomas G. Carroll & Son Co. v. McIlvaine & Baldwin, Inc.U.S. Circuit Court for the District of Southern New York · 1909
- President Suspender Co. v. MacwilliamDistrict Court, S.D. New York · 1916
3Cited by8 opinions
- United States Ex Rel. Baldwin Co. v. RobertsonSupreme Court of the United States · 1924
- Dwinell-Wright Co. v. National Fruit Product Co.Court of Appeals for the First Circuit · 1942
- Silverman v. United StatesCourt of Appeals for the First Circuit · 1932
- Bayley & Sons, Inc. v. Standart Art Glass Co.Court of Appeals for the Second Circuit · 1918
- United Razor Blade Corp. v. Akron Drug & Sundries Co.Ohio Court of Appeals · 1935
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