Congress & Empire Spring Co. v. High Rock Congress Spring Co.
New York Court of Appeals
The appeal is from the affirmance by the late General Term of the Supreme Court, in the fourth district of the judgment of the referee, dismissing the complaint, and excluding proof of the truth of its allegations, on the ground that it did not state facts sufficient to constitute a cause of action.
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The appeal is from the affirmance by the late General Term of the Supreme Court, in the fourth district of the judgment of the referee, dismissing the complaint, and excluding proof of the truth of its allegations, on the ground that it did not state facts sufficient to constitute a cause of action. The suit was brought to restrain the defendant from simulating the plaintiffs’ trade marks, and to obtain an accounting for the damages resulting from their wrongful appropriation to the use of the defendant. The complaint alleged, among other things, that the plaintiff is a corporation organized…
1Opinion of the CourtFolger, J.
The questions involved in this appeal are two : 1st. Can the owner of a peculiar product of nature be protected in the exclusive use of a name belonging to it alone, and employed by him as his trade mark in his sale thereof? 2d. Does the name or trade mark used in the case before us by the plaintiffs, indicate the origin, ownership, or place of that product, and is it one in the exclusive use of which the plaintiffs should be protected ?
The general rules of law applicable to these questions do not seem to be controverted. All agree that a name may be, used as a trade mark, when it is used as…
2Cases cited2 opinions
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Newman v. AlvordNew York Supreme Court · 1867
3Cited by39 opinions
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Newman v. . AlvordNew York Court of Appeals · 1872
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
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