Legal Opinion

Cottrell v. Babcock Printing Press Manufacturing Co.

Supreme Court of Connecticut

Decided June 18, 1886PublishedCited by 26 opinions

Suit for an injunction against the making and selling, or advertising or offering for sale, a certain kind of printing press, and from using a certain trade-name or trade-mark, and for an account; brought to the Superior Court in New London County, and heard before Beardsley, J. The following facts were found by the court:— Calvert B. Cottrell and Nathan Babcock, both residents of Stonington in this state, formed a co-partnership in 1855 under the name of Cottrell & Babcock,…

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Suit for an injunction against the making and selling, or advertising or offering for sale, a certain kind of printing press, and from using a certain trade-name or trade-mark, and for an account; brought to the Superior Court in New London County, and heard before Beardsley, J. The following facts were found by the court:— Calvert B. Cottrell and Nathan Babcock, both residents of Stonington in this state, formed a co-partnership in 1855 under the name of Cottrell & Babcock, and carried on the business of manufacturing and selling machinery at the town of Stonington. In 1867 they commenced to…

1Opinion of the CourtPardee, J.

(after stating the facts). The plaintiffs’ appeal presents the following reasons of appeal:—

1. That the court erred in ruling that the plaintiffs upon these facts had not “ acquired a valuable trade name and good-will in the business so advertised and conducted, which it was the duty of a court of equity to protect.”

2. That the court erred in refusing to rule that the plaintiffs were the lawful and sole successors of the late firm of Cottrell & Babcock, and that the defendant had no right so to advertise or conduct its business as to induce the public to believe that it, or any of its…

2Cases cited2 opinions

  1. Dayton v. WilkesThe Superior Court of New York City · 1859
  2. Hanna v. AndrewsSupreme Court of Iowa · 1879

3Cited by26 opinions

  1. Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
  2. Von Bremen v. . MacMonniesNew York Court of Appeals · 1910
  3. Williams v. FarrandMichigan Supreme Court · 1891
  4. Washburn v. DoschWisconsin Supreme Court · 1887
  5. Rowell v. RowellWisconsin Supreme Court · 1904

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