Perlberg v. Smith
New Jersey Court of Chancery
Heard -upon bill, answer, replication and proofs in open court. This is a bill filed by Edward Perlberg against Samuel C. Smith to restrain the latter from selling shoes under the name •of “Eagle Shoes.”
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Heard -upon bill, answer, replication and proofs in open court. This is a bill filed by Edward Perlberg against Samuel C. Smith to restrain the latter from selling shoes under the name •of “Eagle Shoes.” The bill sets out that the complainant is a shoe dealer in Jersey City, with a place of business at No. 2 Newark avenue, in said city, and that the defendant is a shoe dealer, with •a place of business- at No. 90 Newark avenue, in said city; that the complainant some seven years ago adopted a label to be placed upon shoes sold by him, and upon the 12th of October, 1901, filed in the office of…
1Opinion of the Court
Garrison, V. 0.
The proofs, so far as they are pertinent to the decision, show that Edward Perlberg, in the year 1898, opened a shoe store at No. 2 Newark avenue, in Jersey City. He had not been in the shoe business prior to that time. His name did not appear upon any sign, and the sign that he adopted had upon it the words “The Eagle Shoe Store.” Upon.the windows of his store he had painted the representation of an eagle with outstretched wings, bearing in its claw a shoe. This picture, with the addition of a streamer proceeding from the beak of the eagle, upon which were the words “Eagle…
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