Howe v. Howe Machine Co.
New York Supreme Court
APPEAL from an order made at a special term, dissolving an injunction. The complaint'alleged, 1st. That the plaintiff is, and for a long period previous to the committing of the grievances hereinafter mentioned, had Been engaged in the sale of sewing machines, which he procures to he made for him, and on each of which machines is cast the name of this plaintiff, as follows, “Howe, Hew York.”
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APPEAL from an order made at a special term, dissolving an injunction. The complaint'alleged, 1st. That the plaintiff is, and for a long period previous to the committing of the grievances hereinafter mentioned, had Been engaged in the sale of sewing machines, which he procures to he made for him, and on each of which machines is cast the name of this plaintiff, as follows, “Howe, Hew York.” That such machines, so stamped, have been advertised and sold by the plaintiff, under the title of “ The Howe Sewing Machines,” a designation which is the trade-mark of this plaintiff, and has been by'him…
1Opinion of the CourtSutherland, J.
That Elias Howe, Jr. in 1846, obtained a patent for a certain combination of mechanism called a sewing machine ; that his brother, the plaintiff, commenced manufacturing sewing machines as early as 1854, and continued to manufacture them at least up to the time of the arrangement between him and Elias Howe, Jr. in 1862 ; and that the plaintiff, in their manufacture, used the combination of mechanism patented by Elias Howe, Jr. as his licensee, are undisputed facts. Elias Howe, Jr. did not license the plaintiff to make sewing machines, but he licensed him to use his patented right or…
2Cited by10 opinions
- Filley v. FassettSupreme Court of Missouri · 1869
- Rogers & Brother v. RogersSupreme Court of Connecticut · 1885
- American Brewing Co. v. St. Louis Brewing Co.Missouri Court of Appeals · 1891
- Skinner v. OakesMissouri Court of Appeals · 1881
- Penberthy Injector Co. v. LeeMichigan Supreme Court · 1899
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