Burke v. Cassin
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. Udolpho Wolfe brought these suits in his lifetime to restrain the defendants from using his trademark, and for damages. A preliminary injunction was granted on the complaint when the suit was commenced. The defendants answered, and moved, on the answer and affidavits, for a dissolution of the injunction. The motion was granted, and the plaintiffs appealed from the order.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. Udolpho Wolfe brought these suits in his lifetime to restrain the defendants from using his trademark, and for damages. A preliminary injunction was granted on the complaint when the suit was commenced. The defendants answered, and moved, on the answer and affidavits, for a dissolution of the injunction. The motion was granted, and the plaintiffs appealed from the order. The following are the labels of the parties, Exhibit “B ” being the plaintiff’s label, and Exhibits “O” and “D” being the…
1Opinion of the Court
By the Court, Rhodes, J.: ,
From the year 1848 to the time of the commencement of these actions, Udolpho Wolfe, the plaintiff’s testator, who has died since the commencement of these actions, has been engaged in the manufacture of gin at Schiedam, in Holland, and in the importation of it into Hew York, and in the sale of it in different places in the United States. The gin is put up in bottles having labels attached, and the bottles are inclosed in wrappers, also having labels thereon, and are packed in boxes, upon which are stamped certain words which appear on the labels. Wolfe claims as his…
2Cases cited3 opinions
- Fetridge v. WellsThe Superior Court of New York City · 1857
- Stokes v. LandgraffNew York Supreme Court · 1853
- Falkinburg v. LucyCalifornia Supreme Court · 1868
3Cited by16 opinions
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Enrique Bernat F., S.A. v. Guadalajara, Inc.Court of Appeals for the Fifth Circuit · 2000
- Koehler v. . SandersNew York Court of Appeals · 1890
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
- Sun-Maid Raisin Growers v. MosesianCalifornia Court of Appeal · 1927
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