Taylor v. Carpenter
New York Court of Chancery
The bill in this cause was filed for the purpose of obtaining a perpetual injunction, restraining the defendant from using the trade-marks of the complainants.
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The bill in this cause was filed for the purpose of obtaining a perpetual injunction, restraining the defendant from using the trade-marks of the complainants. The bill stated that the complainants, who resided in England, were engaged in manufacturing cotton sewing thread, and vending the same not only in England but in the United States, and particularly in the city and state of New-York; that their thread was put up for sale on spools, labelled on the top ■ of the spool, “ Taylor’s Persian Thread,” and on the bottom' of the spool, “ J. & W. Taylor, Liecester,” each spool containing about…
1Opinion of the Court
The Chancellor.
The fact that the complainants are subjects of another government, and that the defendant is a citizen of the United States, as stated in the answer, cannot alter the rights of the- parties, or deprive, the complainants of the favora*297ble interposition of this court if those rights have been violated by the defendant. So far as the subject matter of this suit is concerned, there is no difference between citizens and aliens. And the only question proper to be considered is whether the defendant has the right, as he insists he has, to pirate the trademarks of the complainants with…
2Cited by20 opinions
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Stokes v. LandgraffNew York Supreme Court · 1853
- Shaver v. ShaverSupreme Court of Iowa · 1880
- Corwin v. DalyThe Superior Court of New York City · 1860
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