Bolen & Byrne Manufacturing Co. v. Jonasch

This is a suit in equity to restrain the defendants from using a simulation of the plaintiff’s labels. The complaint charges the defendants with an unlawful appropriation of the plaintiff’s labels and trade-marks and with unfair competition in trade. The plaintiff and its predecessors (to whose rights the plaintiff has succeeded) have carried on the business of making and selling ginger ale, sarsaparilla and lemon soda in the city of New York for upwards of thirty years, and have, during part *100of that time, used the labels which the defendants are charged with imitating. In 1873, 1876 and…