Taendsticksfabriks Aktiebolaget Vulcan v. Myers
New York Supreme Court
Appeal from special term, New York county. Action by Taendsticksfabriks Aktiebolaget Vulcan against Elijah Myers and I. Harby Moses to obtain an injunction restraining the defendant? from using a box containing matches, on the ground that it infringed a lobe used by plaintiff. From a judgment dismissing its complaint the piaintii appeals.
1Opinion of the CourtDaniels, J.
The parties to this action are manufacturers and dealers in matches. They have been put up and sold in boxes accompanied with labels, designated to be “trade-marks.” The label of the plaintiff is alleged to have been unlawfully imitated by that of the defendants, which is stated to have been devised and used to divert and obtain their trade, and to injure it in its, *664business by the use of this label. At the trial of the action, proof was given from which it is contended that the court would have been warranted in finding that these allegations had been sustained, but it was not definitely…
2Cases cited7 opinions
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Place v. . HaywardNew York Court of Appeals · 1889
- Colman v. . CrumpNew York Court of Appeals · 1877
- Enoch Morgan's Sons Co. v. . TroxellNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lamson Consolidated Store-Service Co. v. ConynghamNew York Court of Common Pleas · 1895
- McElwee Manufacturing Co. v. TrowbridgeNew York Supreme Court · 1893
- Cohn v. ReynoldsNew York Supreme Court · 1898
- D. Ransom, Son & Co. v. BallNew York Supreme Court · 1889
- De Youngs v. JungNew York Court of Common Pleas · 1894
3 more not listed; retrieve them via the Exa API.