McLoughlin v. Singer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John McLoughlin and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the. county of -New York on the 9th day of May, 1898, denying the motion of the plaintiffs for an order restraining the defendants from using the trade mark or trade name and label of the plaintiffs. •
1Opinion of the Court
O’Brien, J.:
Upon the motion below it appeared by affidavits that in 1886 the plaintiffs prepared a colored label to be used on a box containing a new. game board introduced by them and to which they gave the name of “ Game of District Messenger Boy.” There was a chart or board of the game and a book of directions, which latter was sent to the Librarian of Congress and duly copyrighted. Since that time the plaintiffs have continued to manufacture and sell the game,, put up in a box upon which the .colored label is affixed, and as the result of advertising, it has “ obtained quite a reputation…
2Cases cited1 opinion
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
3Cited by3 opinions
- E. P. Dutton & Co. v. CupplesAppellate Division of the Supreme Court of the State of New York · 1907
- W. A. Gaines & Co. v. LeslieNew York Supreme Court · 1898
- Richman v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1906