Boston Diatite Co. v. Florence Manufacturing Co.
Massachusetts Supreme Judicial Court
Bill in EQUITY against the Florence Manufacturing Company, Isaac S. Parsons, George A. Burr and George A. Scott, alleging that the plaintiff corporation was and for three years had been engaged in the manufacture of sundry articles, among which were toilet mirrors, made from a composition, invented and patented by one Merrick, which was capable of being moulded by heat and pressure into various shapes, and that they had applied to this material the trade-mark name “…
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Bill in EQUITY against the Florence Manufacturing Company, Isaac S. Parsons, George A. Burr and George A. Scott, alleging that the plaintiff corporation was and for three years had been engaged in the manufacture of sundry articles, among which were toilet mirrors, made from a composition, invented and patented by one Merrick, which was capable of being moulded by heat and pressure into various shapes, and that they had applied to this material the trade-mark name “ Diatite,” by which it was generally known; that the defendant corporation was engaged in the manufacture of toilet mirrors from…
1Opinion of the CourtGray, C. J.
The jurisdiction of a Court of Chancery does not extend to cases of libel or slander, or of false representations as to the character or quality of the plaintiff’s property, or as to his title thereto, which involve no breach of trust or of contract. Huggonson's case, 2 Atk. 469, 488. Gee v. Pritchard, 2 Swanst. 402, 413. Seeley v. Fisher, 11 Sim. 581, 583. Fleming v. Newton, 1 H. L. Cas. 363, 371, 376. Emperor of Austria v. Day, 3 De G., F. & J. 217, 238-241. Mulkern v. Ward, L. R. 13 Eq. 619. The opinions of Vice-Chancellor Malins in Springhead Spinning Co. v. Riley, L. R. 6 Eq. 551, in…
2Cited by58 opinions
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- American Malting Co. v. KeitelCourt of Appeals for the Second Circuit · 1913
- Kenyon v. City of ChicopeeMassachusetts Supreme Judicial Court · 1946
- Sherry v. PerkinsMassachusetts Supreme Judicial Court · 1888
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