Newman v. . Alvord
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment rendered in favor of plaintiffs, entered upon the decision of the court at Special Term. (Reported below, 49 Barb., 588.) The action is for a perpetual injunction, restraining the defendants from the use of the plaintiffs’ trade-mark.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment rendered in favor of plaintiffs, entered upon the decision of the court at Special Term. (Reported below, 49 Barb., 588.) The action is for a perpetual injunction, restraining the defendants from the use of the plaintiffs’ trade-mark. The trade-mark claimed by the plaintiffs consisted of the use of the word “Akron” in designating a cement, or water-lime, manufactured by them near the village of Akron, in the county of Erie and the State of New York. They and their predecessors…
1Opinion of the Court
Earl, C.
The cement manufactured by the plaintiffs was made from stone taken from certain quarries located in the town of Newstead, in Erie county, near the village of Akron. While they did not own all the quarries, and there were others, therefore, who could manufacture the same kind of cement, it does not appear that any one else was engaged at the time of the commencement of this suit in manufacturing cement from these stone, or in selling any cement manufactured from them, as Akron cement. They and those to whom they succeeded had for many years been engaged in manufacturing this cement…
2Cases cited1 opinion
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
3Cited by54 opinions
- French Republic v. Saratoga Vichy Spring Co.Supreme Court of the United States · 1903
- 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
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Hier v. . AbrahamsNew York Court of Appeals · 1880
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