Legal Opinion

American West Indies Tending Co. v. Porto Rican American Cigar Co.

New York Supreme Court

Decided June 15, 1909Published

Motion to discontinue an action for an injunction.

1Opinion of the CourtGiegerich, J.

The action is for an injunction restraining the defendants from using the title “ La Turina ” or any name or title which would he held to constitute an infringement of the plaintiff’s alleged trade-mark or title therein in connection with the manufacture and sale of cigars, and for an accounting. The answers of both defendants put *519in issue the material allegations of the complaint, and as a further defense allege that the plaintiff had caused to be placed upon boxes containing its so-called La Turina brand of cigars a statement that such cigars were manufactured from the finest grades of…

2Cases cited3 opinions

  1. In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
  2. Telephonine Co. of America v. DouthittAppellate Division of the Supreme Court of the State of New York · 1906
  3. Jaffray v. GoldstoneNew York Supreme Court · 1891

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