Legal Opinion

Benjamin Moore & Co. v. Auwell

U.S. Circuit Court for the District of Eastern New York

Decided January 3, 1908Published

1Opinion of the Court

CHATFIERD, District Judge.

This motion is for a preliminary injunction against the defendant, which is putting upon the market a wall finishing product called “Murafresco.” The complainant has for some time sold, and has built up a considerable trade in a product which it has named “Muresco.” This name of “Muresco” is not only well known, but is a component part of complainant’s trade-mark, which could have been used with reference to all of the complainant’s products. The complainant, however, has not sold its wares generally under the guise of Muresco products, but has made the word known to…

2Cases cited1 opinion

  1. Star Co. v. Colver Pub. HouseU.S. Circuit Court for the District of Southern New York · 1905

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