Avery & Sons v. Meikle & Co.
Court of Appeals of Kentucky
Case 15 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. B. F. Avery, or his successor, B. F. Avery & Sons, first adopted and used as distinguishing marks on plows the word “ Pony,” the letters “A O,” “B O,” and “0 O,” and the numerals “1,” “2,” “3,” and “ 8.” 2. Plows so made and branded became known to the public as Avery’s plows.
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Case 15 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. B. F. Avery, or his successor, B. F. Avery & Sons, first adopted and used as distinguishing marks on plows the word “ Pony,” the letters “A O,” “B O,” and “0 O,” and the numerals “1,” “2,” “3,” and “ 8.” 2. Plows so made and branded became known to the public as Avery’s plows. These brands became a part of the trade-mark or trade indicia of Avery, and he is entitled to pi'otection in their use upon like jorinciples as where the trade-mark itself is taken or dismembered. 3. The appellees coveted the trade and reputation of Ayery, and…
1Opinion of the CourtChief Justice Hargis
The appellants brought this action to restrain the infringement of their trade-mark, and to prevent the fraudulent usurpation of their trade reputation by the appellees, and to compel them to account for resulting profits.
The appellants are manufacturers of plows in the city of Louisville.
They brand on the right side of the beam their trademark, which is composed of a Maltese Cross,' with the letters AVERY distributed in its center and arms. Immediately above the cross are the words “trade-mark,” and below it are the words “copyrighted;” to the left of it the words “B. F. Avery’s, patented,”…
2Cases cited5 opinions
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Taylor v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1844
- Boardman v. Meriden Britannia Co.Supreme Court of Connecticut · 1868
- Gillott v. EsterbrookNew York Supreme Court · 1867
- Lawrence Manufacturing Co. v. Lowell Hosiery MillsMassachusetts Supreme Judicial Court · 1880
3Cited by20 opinions
- Grocers Baking Co. v. SiglerCourt of Appeals for the Sixth Circuit · 1942
- Reading Stove Works, Orr, Painter & Co. v. S. M. Howes Co.Massachusetts Supreme Judicial Court · 1909
- Newport Sand Bank Co. v. Monarch Sand Mining Co.Court of Appeals of Kentucky · 1911
- Covington Inn Corp. v. White Horse Tavern, Inc.Court of Appeals of Kentucky (pre-1976) · 1969
- Nesne v. SundetSupreme Court of Minnesota · 1904
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