President Suspender Co. v. Macwilliam
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern'District of New York. Bill by the President Suspender Company against Hugh C. Macwil-liam. From a decree for complainant (233 Fed. 433), defendant appeals. The defendant, prior, to October 1, 1898, was manufacturing and selling at St. Paul, Minn., a certain suspender which he had devised and to which he had affixed the word “President” as a trade-mark, together with a red, white, and blue banner emblem.
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Appeal from the District Court of the United States for the Southern'District of New York. Bill by the President Suspender Company against Hugh C. Macwil-liam. From a decree for complainant (233 Fed. 433), defendant appeals. The defendant, prior, to October 1, 1898, was manufacturing and selling at St. Paul, Minn., a certain suspender which he had devised and to which he had affixed the word “President” as a trade-mark, together with a red, white, and blue banner emblem. On August 16, 1S98, the defendant took out a patent on the suspender, being patent No. 609,286. The plaintiff at that time…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The plaintiff claims to be the owner of the trade-mark “President” in connection with the business of manufacturing and selling suspenders. It seeks an injunction restraining the defendant from an infringement of its trade-mark. The injunction was granted by the court below, and the defendant has brought the case here on appeal.
The defendant applied for the registration of the trade-mark “President” on January 10, 1899. This was issued to him in his own name on May 16, 1899. After the decision of this case in the court below, the Commissioner of Patents…
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