Colman v. . Crump
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered, upon a decision of the court at Special Term. (Reported below, 8 J. & S., 548.) This action was brought to restrain an alleged violation of plaintiffs’ right to a trade-mark, and for damages.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered, upon a decision of the court at Special Term. (Reported below, 8 J. & S., 548.) This action was brought to restrain an alleged violation of plaintiffs’ right to a trade-mark, and for damages. The following facts, among others, were substantially found by the court: The plaintiffs, who, under their firm-name of J. & J. Col-man, were largely engaged in the manufacture and sale of mustard as a condiment for the table, more than seventeen years prior to the…
1Opinion of the CourtAllen, J.
The plaintiffs do not claim to have copyrighted their labels, and it was not, therefore, incumbent on them to show that they had complied with the act of Con gress on that subject. They merely claim to be protected in the use of a figure of a bull’s head, printed on their labels as a trade-mark; a symbol by which mustard, the product of their manufacture, is known and distinguished from that manufactured and sold by others, adopted by them many years since;. and to which symbol, as a trademark, they claim to have acquired by use the exclusive right. It is used, not to designate the quality of…
2Cases cited2 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
3Cited by52 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Fischer v. . BlankNew York Court of Appeals · 1893
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- Miss Susan, Inc. v. Enterprise & Century Undergarment Co.Appellate Division of the Supreme Court of the State of New York · 1946
- Salvation Army in the United States v. American Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1909
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