Legal Opinion
Nelson v. J. H. Winchell & Co.
Massachusetts Supreme Judicial Court
Decided June 24, 1909PublishedCited by 41 opinions
1Opinion of the CourtSheldon, J.
The plaintiff seeks by this bill to restrain the defendants from using a trademark and to recover from them the profits which it is alleged that they have realized through its wrongful use. The action is brought against the surviving partner of the firm of J. H. Winchell and Company and a corporation of the same name which has succeeded to the former firm’s business. But the defendants agree that for the purposes of the case they are to be treated as joint parties, and hereafter they will be spoken of as the defendants without any discrimination.
The case was heard on the merits by a single…
2Cases cited41 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- United States v. SteffensSupreme Court of the United States · 1879
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
36 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Jet Spray Cooler, Inc. v. CramptonMassachusetts Supreme Judicial Court · 1979
- Underhill v. . SchenckNew York Court of Appeals · 1924
- United States Ozone Co. v. United States Ozone Co. of AmericaCourt of Appeals for the Seventh Circuit · 1932
- Coca-Cola Bottling Co. v. Coca-Cola Co.District Court, D. Delaware · 1920
- Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
36 more not listed; retrieve them via the Exa API.