Coates v. Goddard
The Superior Court of New York City
Appeal from order. This action was brought to obtain an injunction against defendants restraining them from infringing a certain trademark, claimed by plaintiff to have been adopted by him for the designation of spool linen thread manufactured by him ; also to obtain an accounting of the inferior thread having on it the simulated trademark which remained in the defendants’ hands, and of the profits made by the defendants on the sale of inferior thread bearing the simulated…
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Appeal from order. This action was brought to obtain an injunction against defendants restraining them from infringing a certain trademark, claimed by plaintiff to have been adopted by him for the designation of spool linen thread manufactured by him ; also to obtain an accounting of the inferior thread having on it the simulated trademark which remained in the defendants’ hands, and of the profits made by the defendants on the sale of inferior thread bearing the simulated label, and for the profits of which they have deprived plaintiff by sales of said inferior thread bearing said simulated…
1Opinion of the Court
By, the Court.—Jokes, J.
The order below is sought to be supported on two grounds.
1st. That the court has no power to make an allowance under the circumstances of the case.
2nd. That if it has the power, then it rests in the discretion of the judge to whom the application is made, whether he will exercise it or not, and that such discretion was,properly exercised by the judge below.
To maintain the first ground it is urged:
a. That in equitable actions like the present no allowance can be had.
5. That the acceptance of the offer makes a contract between plaintiff and defendant for the recovery of…
2Cases cited2 opinions
- Osborne v. BettsNew York Supreme Court · 1853
- Pinckney v. ChildsThe Superior Court of New York City · 1860
3Cited by1 opinion
- Coffin v. CokeNew York Supreme Court · 1875