Perkins v. Heert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry H. Heert and another, from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 20th day of November, 1895, upon the decision of the court rendered after a trial at a Special Term thereof, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 3d day of April, 1895.
1Opinion of the Court
Patterson, J.:
As this case is presented to us, it is not necessary to consider whether the label, the subject of this action, may be protected under the general rules of law applicable to trade marks. If the plaintiff has a right to its exclusive use, it is one sufficiently secured by chapter 385 of the Laws of 1889 of this State, which expressly authorizes associations, such as that of which the plaintiff is the president, to file in the office of the Secretary of State duplicates of labels adopted by such associations, and thereby obtain the privileges and rights conferred by that statute.…
2Cited by1 opinion
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