Gillott v. . Esterbrook
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered on the decision of the court on a trial at Special Term.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered on the decision of the court on a trial at Special Term. The action was brought by the plaintiff to restrain the defendants by injunction, among other things, from using the number “ 303 ” on steel pens manufactured by them, and on small paper boxes in which they are put up, on the allegation in his complaint that he had for sixteen years and upwards kept on sale and sold a particular kind and style of pen, made by him, and put up in boxes imitated by the defendants,…
1Opinion of the Court
Lott, Ch. C.
A manufacturer has the right to distinguish the goods manufactured by him by any peculiar mark or device he may select and adopt, by which they may be known as his in the market, and thereby secure to himself the profits arising from the fact that they are of his manufacture, and he is entitled to the protection of a court of equity in the exclusive use of the peculiar marks or symbols, appropriated by him, designating or indicating the true origin or ownership of the article to which they are affixed against the adoption or imitation thereof by another, so as to mislead the…
2Cited by29 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Hier v. . AbrahamsNew York Court of Appeals · 1880
- Koehler v. . SandersNew York Court of Appeals · 1890
- Vidal v. ElsterSupreme Court of the United States · 2024
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