People v. Fisher
New York Supreme Court
Appeal from court of sessions, Erie county. George T. Fisher was* convicted of cotmterfeiting and imitating a trademark, and affixing the same to an article of merchandise, in violation of the statute.
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Appeal from court of sessions, Erie county. George T. Fisher was* convicted of cotmterfeiting and imitating a trademark, and affixing the same to an article of merchandise, in violation of the statute. This trade-mark was devised by the “Gigar-Malcers’ International Union of America,” in the year 1880. It was known as the “Blue Label,” .and used as such upon boxes containing cigars made by the members of the union, and read as follows: “Issued by authority of the Cigar-Makers’ International Union of America. Union-Made Cigars. This certifies that the cigars contained in this box have been…
1Opinion of the Court
Bradley, J., (after stating the facts.)
The counterfeit closely imitated the genuine stamp of the union, and, although distinguishable upon close inspection, it was likely to be taken for the genuine, and to mislead and deceive tiie public. The question presented is whether the charge as made and proved constituted an offense within the statute which provides that “a person who knowingly * * * (1) falsely makes or counterfeits a trade-mark; or (2) affixes to any article of merchandise a false or counterfeit trade-mark, knowing the same to be false or counterfeit, or the genuine trade-mark or…
2Cases cited8 opinions
- Caswell v. . DavisNew York Court of Appeals · 1874
- Enoch Morgan's Sons Co. v. . TroxellNew York Court of Appeals · 1882
- Derringer v. PlateCalifornia Supreme Court · 1865
- Godillot v. . HarrisNew York Court of Appeals · 1880
- Ebbinghousen v. Worth ClubNew York Court of Common Pleas · 1878
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3Cited by5 opinions
- Weener v. BraytonMassachusetts Supreme Judicial Court · 1890
- State v. BishopSupreme Court of Missouri · 1895
- Indurated Fibre Co. v. Amoskeag Indurated Fibre Ware Co.U.S. Circuit Court for the District of New Hampshire · 1889
- Paducah Distilleries Co. v. Crescent Mfg. Co.Louisiana Court of Appeal · 1909
- Stoddard v. LumAppellate Division of the Supreme Court of the State of New York · 1898