Dale v. Smithson
New York Court of Common Pleas
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
- Wolfe v. GoulardNew York Supreme Court · 1859
- Stewart v. SmithsonNew York Court of Common Pleas · 1856
3Cited by4 opinions
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- "The Mrs. G. B. Miller & Co. Tobacco Manufactory" v. Matthias CommerceSupreme Court of New Jersey · 1883
- Lea v. WolfNew York Supreme Court · 1872
- Siegert v. AbbottNew York Supreme Court · 1893