Clark Thread Co. v. Armitage
U.S. Circuit Court for the District of Southern New York
This was a suit by the Clark Thread Company against Herbert C. Armitage to restrain the use of a label. The cause was heard on. the pleadings and proofs.
1Opinion of the Court
COXE, District Judge.
This action is brought to restrain unfair competition in trade. Both parties are dealers in spool cotton. The complainant is a Jew Jersey corporation created in 1865 and engaged in ¡he manufacture and sale of “Clark’s O. X. T. Cpool Cotton.” The defendant is the manager of the William Clark Company which is also a Xew Jersey corporation organized in May, 1891, for the purpose of manufacturing and selling thread. It began the sale of its product in October, 1892, under the name of “Clark’s X-E-W-Spool Cotton.” It is conceded that the case is to proceed upon the same…
2Cases cited3 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Newman v. . AlvordNew York Court of Appeals · 1872
- William Rogers Manuf'g Co. v. Rogers & Spurr Manuf'g Co.District Court, D. Massachusetts · 1882
3Cited by8 opinions
- Bissell Chilled Plow Works v. T. M. Bissell Plow Co.U.S. Circuit Court for the District of Western Michigan · 1902
- National Distillers Products Corp v. K. Taylor Distilling Co.District Court, E.D. Kentucky · 1940
- Van Houten v. Hooton Cocoa & Chocolate Co.U.S. Circuit Court for the District of New Jersey · 1904
- Edward & John Burke, Ltd. v. BishopDistrict Court, S.D. New York · 1910
- Yellow Cab Co. v. Cooks Taxicab & Transfer Co.Supreme Court of Minnesota · 1919
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