Ft. Stanwix Canning Co. v. William McKinley Canning Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Oneida county. Bill by the Ft. Stanwix Canning Company against the William McKinley Canning Company and J. Lloyd Jones. There was an interlocutory judgment for plaintiff, and defendants moved for new trial, and appeal.
Read the full summary
Appeal from special term, Oneida county. Bill by the Ft. Stanwix Canning Company against the William McKinley Canning Company and J. Lloyd Jones. There was an interlocutory judgment for plaintiff, and defendants moved for new trial, and appeal. By the judgment the defendants were adjudged to be guilty of infringing the plaintiff’s trade-marks or labels known as the “F. S. Flag” or “Sweet Kernel” and “Pride of Rome” by the adoption and use by them of trade-marks or labels known as “Our Flag” and “Pride of the Home,” and were perpetually enjoined from using said trade-marks. It was also…
1Opinion of the CourtMcLENNAN, J.
For several years prior to the 24th day of January, 1896, the defendant J. Lloyd Jones, Bert Olney, and James P. Olney owned substantially all the capital stock of and jointly controlled four corporations organized for the purpose of packing vegetables of various kinds, and other products, in tin cans of dif*706ferent sizes, and selling the same to the public, viz. the Ft. Stanwix Canning Company (this plaintiff), which had its plant and place of business at Eome, E. Y.; the William McKinley Canning Company (the defendant company), its plant and place of business being located at Lenox, Madison…
2Cases cited8 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Newman v. . AlvordNew York Court of Appeals · 1872
- Colman v. . CrumpNew York Court of Appeals · 1877
- Hier v. . AbrahamsNew York Court of Appeals · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- E. F. Prichard Co. v. Consumers Brewing Co.Court of Appeals for the Sixth Circuit · 1943
- Medd v. BOYD WAGNER, INCORPORATEDDistrict Court, N.D. Ohio · 1955
- Ft. Stanwix Canning Co. v. William McKinley Canning Co.Appellate Division of the Supreme Court of the State of New York · 1900