Emerson v. Badger
Massachusetts Supreme Judicial Court
Bill in equity to restrain the use on the labels of razor straps sold by the defendant of the words “ Genuine Emerson’s Elastic Razor Strap,” or of the name of the plaintiff, or of the plaintiff’s place of business.
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Bill in equity to restrain the use on the labels of razor straps sold by the defendant of the words “ Genuine Emerson’s Elastic Razor Strap,” or of the name of the plaintiff, or of the plaintiff’s place of business. The case was submitted to the court on the following agreed facts: Charles Emerson of Charlestown began in 1810 to manufacture and sell a particular kind of razor strap, then and since known as “ Emerson’s Elastic Razor Strap,” of which he was the inventor and original manufacturer, and from 1827 until his death in 1835, he carried on the business at Emerson Place in Charlestown.…
1Opinion of the CourtGray, J.
The original inventor of the razor straps mentioned in the bill, and the owner and designer of the label put upon them by way of trade mark, was Charles Emerson, Senior, who employed and instructed in his business five of his nephews, of whom Benjamin Badger, the father of this defendant, was the eldest, and the plaintiff, was the third. Said Benjamin, in his uncle’s lifetime, left his employment, and continued, with his consent and permission,' but on his own account, to manufacture and sell such straps and to use the same label thereon, and was succeeded in his business by his son, the…
2Cited by11 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Skinner v. OakesMissouri Court of Appeals · 1881
- Covell v. ChadwickMassachusetts Supreme Judicial Court · 1891
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