Canal Co. v. Clark
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of New York; the case, which arose on a bill to enjoin the use of an alleged trade-mark, being thus: In the northeastern section of Pennsylvania there exists a place or region to which from early times the name of Lorckaworna, or Lackawanna, seems, on the few occasions when the place is mentioned, to have been given.
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Appeal from the Circuit Court for the Southern District of New York; the case, which arose on a bill to enjoin the use of an alleged trade-mark, being thus: In the northeastern section of Pennsylvania there exists a place or region to which from early times the name of Lorckaworna, or Lackawanna, seems, on the few occasions when the place is mentioned, to have been given. As early as 1793, the diary of William Colbert, a pioneer preacher of the Methodists, makes record of his meeting a person who lived at “Lackawanna,” and of his crossing a mountain and getting there himself. A deed, dated in…
1Opinion of the CourtJustice Strong
The first and leading question presented by this case is whether the complainants have an exclusive light to the use of the words “ Lackawanna coal,” as a distinctive name or trade-mark for the coal mined by them and transported over their railroad and canal to market.
The averments of the bill * are supported by no inconsiderable evidence. The complainants were undoubtedly, if not the first, among the first producers of coal from the Lackawanna Valley, and the coal sent to market by them has been generally known, and designated as Lackawanna coal. "Whether the name “ Lackawanna coal ” was…
2Cited by354 opinions
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