E. T. Fraim Lock Co. v. Shimer
Superior Court of Pennsylvania
Appeal, No. 188, Oct. T., 1909, by defendant, from decree of C. P. Northampton Co., Feb. T., 1909, No. 4, on bill in equity.in case of E. T. Fraim Lock Company v. Milton J. Shimer, trading as William Shimer & Company. Bill in equity for an injunction.
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Appeal, No. 188, Oct. T., 1909, by defendant, from decree of C. P. Northampton Co., Feb. T., 1909, No. 4, on bill in equity.in case of E. T. Fraim Lock Company v. Milton J. Shimer, trading as William Shimer & Company. Bill in equity for an injunction. Scott, P. J., filed the following opinion: The plaintiff corporation claims property in a trademark by prior adoption against the defendant and by registration on November 6, 1907, in the office of the secretary of the commonwealth, under the provisions of the Act of assembly of June 20, 1901, P. L. 582. Some facts are stated in the answers to…
1Opinion of the Court
Opinion by
Rice, P. J.,
The principal object of this bill in equity was to restrain the infringement of a trade-mark which is thus described: The design or emblem is the keystone symbol of the commonwealth, slightly raised over the keyhole, which divides it', of a small ordinary padlock, such as is usually sold in commerce. The padlock manufactured by the defendant is similar in size, shape and design, with the same emblem cast in the same manner. Both are exactly alike in general appearance, but the plaintiff’s is a little finer in finish. There are no letters or words of any kind on either.…
2Cases cited6 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- American Clay Manufacturing Co. v. American Clay Manufacturing Co.Supreme Court of Pennsylvania · 1901
- Juan F. Portuondo Cigar Manufacturing Co. v. Vicente Portuondo Cigar Manufacturing Co.Supreme Court of Pennsylvania · 1908
- Hohenstein v. PerelstineSuperior Court of Pennsylvania · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- KoolVent Metal Awning Corp. of America v. PriceSupreme Court of Pennsylvania · 1951
- Pennsylvania Central Brewing Co. v. Anthracite Beer Co.Supreme Court of Pennsylvania · 1917
- Hub Clothing Co. v. CohenSupreme Court of Pennsylvania · 1921
- Scranton Stove Works v. ClarkSupreme Court of Pennsylvania · 1916
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