Hovey v. . Rubber Tip Pencil Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of defendant entered upon the decision of the court upon trial at Special Term. This action was brought to restrain defendant from publishing and circulating a circular or notice to the injury of plaintiffs’ business, and for damages caused by such circulation.
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Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of defendant entered upon the decision of the court upon trial at Special Term. This action was brought to restrain defendant from publishing and circulating a circular or notice to the injury of plaintiffs’ business, and for damages caused by such circulation. The plaintiffs’ complaint alleged, in substance, that they were the owners of letters patent securing the exclusive right to manufacture, sell, etc., rubber heads to pencils, which invention was of great value, and…
1Opinion of the Court
Johnson, C..The plaintiffs’ case, as they have alleged it, rests upon the validity of their patent for a new and useful improvement in rubber erasers, under which they aver themselves to be the only persons empowered to manufacture and sell the rubber heads, the right to make and sell which was secured by that patent. This right thus secured, and in the exercise of which they are now carrying on a profitable trade in making and selling the article patented, they claim has been invaded by the defendant. The act complained of consisted in the printing and issuing by the defendant, to persons…
2Cases cited4 opinions
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- Snow & Bush v. JudsonNew York Supreme Court · 1862
- Gibson v. WoodworthNew York Court of Chancery · 1840
- Burrall v. JewettNew York Court of Chancery · 1830
3Cited by25 opinions
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- John W. Lovell Co. v. HoughtonNew York Court of Appeals · 1889
- Kelley v. Ypsilanti Dress-Stay Manuf'g Co.U.S. Circuit Court for the District of Eastern Michigan · 1890
- Cohan v. Robbins Music Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- De Witt v. . Elmira Nobles Manufacturing Co.New York Court of Appeals · 1876
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