Fischer v. . Blank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 13, 1892, which denied a motion by defendant for a neiv trial upon exceptions, after the entry of an interlocutory judgment in favor of plaintiffs.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 13, 1892, which denied a motion by defendant for a neiv trial upon exceptions, after the entry of an interlocutory judgment in favor of plaintiffs. This action was brought to restrain the defendant from an alleged infringement of plaintiffs’ wrappers, labels and packages used in the sale of tea, and of their alleged trade name of “ Black Package Tea,” and "for an accounting of profits. The court found these facts: “ Plaintiffs, who were copartners, and engaged in business as wholesale grocers…
1Opinion of the CourtMaynard, J.
We think the interlocutory judgment recovered in this action is too comprehensive in its scope. Some of its provisions are not authorized by the pleadings, proofs and findings as they must be construed and applied under the rules of law which prevail in this class of cases. The injunction granted restrains defendant from making use of the form of package adopted by plaintiffs, and from using the name “ Black Package Tea ” in the sale of tea not selected and put upon the market by plaintiffs. The plaintiffs have no proprietary right to this form of package, and are not entitled to its…
2Cases cited3 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Colman v. . CrumpNew York Court of Appeals · 1877
- Koehler v. . SandersNew York Court of Appeals · 1890
3Cited by40 opinions
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Field Enterprises Educational Corp. v. Cove Industries, Inc.District Court, E.D. New York · 1969
- Atlas Assurance Co. v. Atlas InsuranceSupreme Court of Iowa · 1907
- H. E. Allen Mfg. Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1928
- Southern California Fish Co. v. White Star Canning Co.California Court of Appeal · 1920
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