Legal Opinion

Dale v. Smithson

New York Court of Common Pleas

Decided February 15, 1861PublishedCited by 4 opinions

The action was brought to restrain an infringement of plaintiff’s trade-mark. Judgment was rendered for the plaintiffs, from which defendants appealed.

1Opinion of the Court

By the Court.*—Hilton, J.

—The right of the plaintiffs to maintain this action does not in any degree depend upon the inquiry as to whether the defendants intended to appropriate to their use a trade-mark or label, known by them to have been devised and employed by the plaintiffs in their business; but it is enough if it is made to appear that the defendants have done the act complained of; and this is so, although they may have used the mark in ignorance of its being the exclusive property of any one. (Millington a. Fox, 3 Myl. & Cr., 338.)

From the testimony at the trial of this case, it…

2Cases cited2 opinions

  1. Wolfe v. GoulardNew York Supreme Court · 1859
  2. Stewart v. SmithsonNew York Court of Common Pleas · 1856

3Cited by4 opinions

  1. Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
  2. "The Mrs. G. B. Miller & Co. Tobacco Manufactory" v. Matthias CommerceSupreme Court of New Jersey · 1883
  3. Lea v. WolfNew York Supreme Court · 1872
  4. Siegert v. AbbottNew York Supreme Court · 1893

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