Frank v. Sleeper
Massachusetts Supreme Judicial Court
Bill in equity, filed March 27, 1889, to restrain the defendant from infringing the plaintiff’s trade-mark, consisting of the symbol 17 S by the use of the symbol N & S. The case was heard before 0. Allen, J., who made a decree granting an injunction; and the defendants appealed to this court, no report of the evidence being made. The allegations of the bill and the terms of the decree appear in the opinion.
1Opinion of the CourtW. Allen, J.
As no evidence is before us, the only question upon this appeal is whether the decree is warranted by the allegations of the bill. The objection is, that the letters 17 S cannot, under the allegations of the bill and the terms of the decree, be held to be a valid and assignable trade-mark, because the bill and the decree show either that the letters were used to indicate only the quality of the cigars, and not to distinguish them from other cigars of the same quality, or that they dis*584tinguished the cigars from, those manufactured or sold by-other persons only as indicating that they were…
2Cases cited2 opinions
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Lawrence Manufacturing Co. v. Lowell Hosiery MillsMassachusetts Supreme Judicial Court · 1880
3Cited by6 opinions
- Reading Stove Works, Orr, Painter & Co. v. S. M. Howes Co.Massachusetts Supreme Judicial Court · 1909
- Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1904
- Covell v. ChadwickMassachusetts Supreme Judicial Court · 1891
- Spiegel v. ZuckermanDistrict Court, S.D. New York · 1910
- Wm. P. Goldman & Bros. v. GoldsteinNew York Supreme Court · 1925
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