Heller v. Dyerville Manufacturing Co.
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a motion to vacate an injunction, and from an order denying a new trial. J. V. Coffey, Judge.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a motion to vacate an injunction, and from an order denying a new trial. J. V. Coffey, Judge. The complaint in the action of Dyerville Manufacturing Company v. M. Heller & Sons alleged an infringement by the defendant ‘of the plaintiff’s trademark as a manufacturer of bleached cotton cloth, consisting of the words “Rockland Mills Water Twist,” with the form of label containing them, a copy of which was attached to and made part of the complaint, and prayed for “ an injunction…
1Opinion of the CourtVan Fleet, J.
This is a suit in equity brought in the superior court of the city and county of San Francisco to secure the modification of a judgment theretofore entered in that court, upon the ground that it was procured by fraud.
The complaint alleges that in March, 1891, the present defendant, the Dyerville Manufacturing Company, brought an action in said superior court against M. Heller & Sons, the plaintiffs here, to enjoin the latter from pirating or infringing a certain trademark or label of said Dyerville Manufacturing Company, and for damages for an infringement already perpetrated. That,…
2Cases cited8 opinions
- Fogg v. BlairSupreme Court of the United States · 1891
- Van Weel v. WinstonSupreme Court of the United States · 1885
- Oroville & Va. R.R. v. Supervisors of Plumas Cty.California Supreme Court · 1869
- Ketchum v. CrippenCalifornia Supreme Court · 1869
- Collins v. TownsendCalifornia Supreme Court · 1881
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3Cited by20 opinions
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