Capewell Horse Nail Co. v. Green
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. Suit in equity by the Capewell Horse Nail Company against Edward M. Green and another. Decree for complainant (182 Fed. 404), and defendants appeal. This cause comes here upon appeal from an interlocutory decree for injunction and accounting, entered .against the defendants in the Northern District of New York. The suit was for infringement of trade-mark.
1Opinion of the Court
EACOMBE, Circuit Judge.
The complainant has been engaged in the manufacture of horseshoe nails since 1881. Up to 1892 its nails were made with a smooth head. During that year it changed one of the heading dies in its machines, so as to produce a nail with small checks on the front face of the head. It has since then continuously used that mark. It makes three grades of nail, called, respectively, the “Capewell,” the “Alligator,” and the “Black Prince.” The last named, a dark blue-black nail, is the lowest grade. The Capewell, a polished nail, is the highest grade, and has borne this mark on…
2Cases cited3 opinions
- Capewell Horse Nail Co. v. MooneyCourt of Appeals for the Second Circuit · 1909
- Timolat v. Franklin Boiler Works Co.Court of Appeals for the Second Circuit · 1903
- Capewell Horse Nail Co. v. Putnam Nail Co.U.S. Circuit Court for the District of Massachusetts · 1905
3Cited by6 opinions
- Cleo Syrup Corporation v. Coca-Cola Co.Court of Appeals for the Eighth Circuit · 1943
- My-T Fine Corporation v. SamuelsCourt of Appeals for the Second Circuit · 1934
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
- Grey v. Campbell Soup Co.District Court, C.D. California · 1986
- Goodyear Tire & Rubber Co. v. RobertsonDistrict Court, D. Maryland · 1927
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