Godillot v. . Harris
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendants from using plaintiff’s trade-mark. • The complaint alleged and the court found, in substance, that the plaintiff, for more than three years, had been engaged in putting up in packages of about one pound each, and importing an article known as “ Julienne,” a compound of various vegetables for making Julienne soup, devised by plaintiff, upon which…
1Opinion of the CourtDanforth, J.
We can discover no ground upon which the judgment in this case should be reversed. It is not essential to property in a trade-mark that it should indicate any particular person as the maker of the article to which it is attached. It may represent to the purchaser the quality of the thing offered for sale, and in that case is of value to any person interested in putting the commodity to which it is applied upon the market. This was the plaintiff’s position. He was not the actual manufacturer of the “ Julienne,” but the trial court found, and there is evidence to sustain the finding, ‘“that it…
2Cases cited2 opinions
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
3Cited by16 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- Hygeia Distilled Water Co. v. Hygeia Ice Co.Supreme Court of Connecticut · 1898
- Smith v. WalkerMichigan Supreme Court · 1885
- Capewell Horse Nail Co. v. MooneyU.S. Circuit Court for the District of Northern New York · 1909
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