Stonebraker v. Stonebraker
Court of Appeals of Maryland
Appeals from the Circuit Court of Baltimore City. The bill of complaint in this case was filed on the 9th of July, 186.7, by the appellee, against the appellants and Leonard Passano; it alleged, that prior to the years 1858 and 1859, the complainant, then residing at Funkstown; Maryland, directed his attention to the compounding of certain medicines and preparations; that by diligent and laborious study, and careful and oft-repeated experiments, he succeeded in producing the…
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Appeals from the Circuit Court of Baltimore City. The bill of complaint in this case was filed on the 9th of July, 186.7, by the appellee, against the appellants and Leonard Passano; it alleged, that prior to the years 1858 and 1859, the complainant, then residing at Funkstown; Maryland, directed his attention to the compounding of certain medicines and preparations; that by diligent and laborious study, and careful and oft-repeated experiments, he succeeded in producing the following compounds, to each of which he gave the name by which it was respectively called, to wit: “Stonebraker’s…
1Opinion of the CourtBrent, J.
These appeals are brought before us upon a record of unusual size, which we have examined with a great deal of care and patience. The proof upon both sides has been very elaborate, and the case rests almost entirely upon questions of fact. As was said by Lord Lasígdale, in the case of Croft vs. Day, “what is proper to be done in cases of this kind must more or loss depend upon the circumstances which attend them.”
*268The bill asks for an injunction to prohibit the appellants from using the trade-marks of the appellee, and for an account. The law of trade-marks, as applicable to this case, may be…
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