Singer Manufacturing Co. v. Domestic Sewing Machine Co.
Supreme Court of Georgia
Injunction. Equity. Libel. The Singér Manufacturing Company, a corporation created under the laws of New York, transacting business in the city of Atlanta, by an agent, filed its bill against the Domestic Sewing Machine Company, a corporation created under the laws of Rhode Island, doing business in the city of Atlanta, by an agent, R. J. Wiles, the agent of said company, Alexander S. Abrams, Henry W. Grady and R. A. Alston, co-partners using the firm name of the Herald…
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Injunction. Equity. Libel. The Singér Manufacturing Company, a corporation created under the laws of New York, transacting business in the city of Atlanta, by an agent, filed its bill against the Domestic Sewing Machine Company, a corporation created under the laws of Rhode Island, doing business in the city of Atlanta, by an agent, R. J. Wiles, the agent of said company, Alexander S. Abrams, Henry W. Grady and R. A. Alston, co-partners using the firm name of the Herald Publishing Company, and W. A. Hemphill and E. Y. Clark, co-partners, under the firm name of W. A. Hemphill & Company,…
1Opinion of the Court
McCay, Judge.
A clear and definite statement of the exact thing sought for by this bill will, as it seems to us, justify the Judge in his refusal to grant the injunction. There is no complaint that the defendant is doing or publishing anything to induce the public to believe that the machine he sells is the same as the complainant’s. So far as we have been able to examine them, all the trade-mark cases turn upon this: they declare that a man shall be enjoined from passing off his wares as the product of another man — from using devices to persuade the public that in buying his wares they are,…
2Cases cited1 opinion
- Delaware & H. Canal Co. v. ClarkU.S. Circuit Court for the District of Southern New York · 1870
3Cited by17 opinions
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Flint v. Hutchinson Smoke Burner Co.Supreme Court of Missouri · 1892
- Bryan v. MBC Partners, L.P.Court of Appeals of Georgia · 2000
- Mitchell v. Grand Lodge, Free & Accepted MasonsCourt of Appeals of Texas · 1909
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