Partridge v. Menck
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, dissolving an injunction.(a) A. Golsh was formerly the maker and vender of a particular kind of friction or loco foco matches, in the city of New-York; which matches he put up in small brown paper boxes, with á moveable cover, of the same material, covering about one third of the box from the top downwards.
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This was an appeal from an order of the vice chancellor of the first circuit, dissolving an injunction.(a) A. Golsh was formerly the maker and vender of a particular kind of friction or loco foco matches, in the city of New-York; which matches he put up in small brown paper boxes, with á moveable cover, of the same material, covering about one third of the box from the top downwards. And he used a label, which was pasted upon one side of the box, containing, among other things, the printed words, “ A. Golsh’s Friction Matches,” and a wood cut representing a bee-hive; which were his…
1Opinion of the Court
The Chancellor.
Since the decision of this court in the case of Taylor v. Carpenter, (11 Paige's Rep.) (b), and which *103decision was recently affirmed by the court for the correction of errors, there is no doubt of the power of the court of chancery to interfere, by injunction, to prevent the pirating of trade-marks. The question in such cases is not whether the complainant was the original inventor or proprietor of the article made by him, and-, upon which he now puts his trade-mark, nor whether the article made and sold by the defendant, under'the complainant’s trade-mark, is an article of the…
2Cases cited2 opinions
- Bell v. LockeNew York Court of Chancery · 1840
- Coats v. Holbrook, Nelson & Co.New York Court of Chancery · 1845
3Cited by22 opinions
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Filley v. FassettSupreme Court of Missouri · 1869
- Popham v. . ColeNew York Court of Appeals · 1876
- Newman v. AlvordNew York Supreme Court · 1867
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