Corwin v. Daly
The Superior Court of New York City
Appeal by John T. Daly and William H. Daly, the defendants, from a judgment at special term, substantially ordering the defendants to' desist from the use of the words “ Club House,” as a prefix to designate gin sold by them. The plaintiffs are William S. Corwin and Albert Webb.
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Appeal by John T. Daly and William H. Daly, the defendants, from a judgment at special term, substantially ordering the defendants to' desist from the use of the words “ Club House,” as a prefix to designate gin sold by them. The plaintiffs are William S. Corwin and Albert Webb. The facts, as they appeared on the trial, from the evidence, pleading’s and admissions, were as follows: Certain distillers manufactured, before the year 1857, at Rotterdam, in Holland, a certain kind of gin, for a Mr. William S. Campbell, to be imported by him into the United. States, and branded the casks containing…
1Opinion of the CourtRobertson, J.
The sole remedy sought by and allowed to the plaintiffs in this case, seems to have been the right of exclusive employment of the words “ Club House,” to designate their gin, and the defendants were not restrained from using any particular devices accompanying them, or any particular mode of printing, painting, branding or carving them, on any vessels containing them; or any labels or signs, indicating what the commodity was, or where sold. Their offence, if any, therefore, was in using such names to express the commodity sold. They were not prohibited from their use, as a penalty for selling…
2Cases cited7 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Taylor v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1844
- Stokes v. LandgraffNew York Supreme Court · 1853
- Bell v. LockeNew York Court of Chancery · 1840
- Brooklyn White Lead Co. v. MasuryNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Newman v. AlvordNew York Supreme Court · 1867
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
- Burton v. StrattonU.S. Circuit Court for the District of Eastern Michigan · 1882
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