Solis Cigar Co. v. Pozo & Suarez
Supreme Court of Colorado
Appeal from Superior Court of Denver. In January, 1887, the Solis Cigar Company filed its bill against Pozo & Suarez, seeking to restrain them from interfering with a trade-mark which the company claimed to own, and to recover damages. It appears that several years prior to the alleged infringement R. Solis had been a manufacturer ol cigars in Denver, and had adopted the brand to which the company claim title. The corporation was organized after the adoption of the brand.
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Appeal from Superior Court of Denver. In January, 1887, the Solis Cigar Company filed its bill against Pozo & Suarez, seeking to restrain them from interfering with a trade-mark which the company claimed to own, and to recover damages. It appears that several years prior to the alleged infringement R. Solis had been a manufacturer ol cigars in Denver, and had adopted the brand to which the company claim title. The corporation was organized after the adoption of the brand. Mr. Solis became a large stockholder in it, turned over to the corporation his whole business, goodwill and trade, and…
1Opinion of the Court
Bissell, C.
The right which a manufacturer has in a ■ trade-mark is everywhere recognized, as property. The mark may consist of a name or a device or a peculiar arrangement of words, or such words with some device of greater or less novelty, which have been applied to a manufacture to designate the goods as made by a particular person. When a manufacturer has thus distinguished the goods he makes by a peculiar device, so that they may be known in the market as his, he thereby acquires the right to whatever profits may result from his superior skill, knowledge or honesty of process; and this…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Meriden Britannia Co. v. ParkerSupreme Court of Connecticut · 1872
- Popham v. . ColeNew York Court of Appeals · 1876
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3Cited by15 opinions
- Avrick v. Rockmont Envelope Co.Court of Appeals for the Tenth Circuit · 1946
- The Children's Bootery v. SutkerSupreme Court of Florida · 1926
- Ph. Schneider Brewing Co. v. Century Distilling Co.Court of Appeals for the Tenth Circuit · 1939
- S. R. Feil Co. v. John E. Robbins Co.Court of Appeals for the Seventh Circuit · 1915
- Hilson Co. v. FosterU.S. Circuit Court for the District of Southern New York · 1897
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