Palmer v. Harris
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity: To January Term 1868, No. 302. In the court below Lorin Palmer filed a bill on the 23d of August 1867 against George S. Harris. The important allegations were, that the plaintiff was a tobacco merchant in New York, and made superior cigars, knpwn as the “ Cfolden drown,” which he sold in large quantities.
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Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity: To January Term 1868, No. 302. In the court below Lorin Palmer filed a bill on the 23d of August 1867 against George S. Harris. The important allegations were, that the plaintiff was a tobacco merchant in New York, and made superior cigars, knpwn as the “ Cfolden drown,” which he sold in large quantities. In the year 1858 he devised a trade-mark, to wit, a Grolden drown, and had labels with the mark lithographed and printed, which for his protection, he entered on the 18th of December 1858 in the office of the…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The plaintiff, according to the statements of his bill, is the manufacturer of a cigar, known as the “ Golden Crown,” and he has devised a trade-mark, which he uses in its sale. He charges that the defendant, who is a printer by trade, has counterfeited this mark, and sells copies of it to persons engaged in the manufacture and sale of cigars, by whom they are used to his damage. The answer of the defendant admits these allegations; but sets up as a ground for the non-interference' of the court, that the articles thus sold by the…
2Cited by9 opinions
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- H. N. Heusner & Son v. Federal Trade CommissionCourt of Appeals for the Third Circuit · 1939
- Millbrae Co. v. TaylorCalifornia Supreme Court · 1894
- Levy v. UriCourt of Appeals for the D.C. Circuit · 1908
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