Gilman v. Hunnewell
Massachusetts Supreme Judicial Court
Bill in equity, filed December 30,1873, by Gorham D. Gil-man, John A. Gilman and Samuel R. Gilman, copartners, doing business in Boston under the style of Gilman Brothers, against Edwin Hunnewell and John H. Dunbar, copartners, doing business in Boston under the style of Hunnewell & Co., to restrain the use or infringement of the plaintiffs’ trade-marks.
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Bill in equity, filed December 30,1873, by Gorham D. Gil-man, John A. Gilman and Samuel R. Gilman, copartners, doing business in Boston under the style of Gilman Brothers, against Edwin Hunnewell and John H. Dunbar, copartners, doing business in Boston under the style of Hunnewell & Co., to restrain the use or infringement of the plaintiffs’ trade-marks. The bill alleged that, long before the grievances set forth* John L. Hunnewell, of Boston, exclusively compounded, man* ufactured and sold, under certain trade-marks and undei certain labels, both his own, large quantities of a certain liquid…
1Opinion of the CourtGray, C. J.
A trade-mark may consist of a name, or a device, or a peculiar arrangement of words, lines or figures in the form of a label, which has been adopted and used by a person in his business to designate goods of a particular kind manufactured by him, and which no other person has an equal right to use. The right in a trade-mark, so applied, is recognized as property *148which a court of chancery will protect by injunction. Hall v. Barrows, 4 De G., J. & S. 150, 158. Ainsworth v. Walmsley, L. R. 1 Eq. 518, 524, 525. Maxwell v. Hogg, L. R. 2 Ch. 307, 314.
A mere general description, by words in common…
2Cases cited31 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Caswell v. . DavisNew York Court of Appeals · 1874
- Newman v. . AlvordNew York Court of Appeals · 1872
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3Cited by53 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
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