Peabody v. Norfolk
Massachusetts Supreme Judicial Court
Bill in equity, filed January 5, 1867, by Francis Peabody the testator of the present plaintiffs, against John R. Norfolk only; and subsequently amended by a supplemental bill so as to include James P. Cook as a defendant.
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Bill in equity, filed January 5, 1867, by Francis Peabody the testator of the present plaintiffs, against John R. Norfolk only; and subsequently amended by a supplemental bill so as to include James P. Cook as a defendant. The bill set forth that, for many years prior to the filing of the same, Peabody was secretly engaged in making experiments, inventing and adapting machinery, and originating and perfecting a process, to manufacture gunny cloth from jute butts, and at last succeeded in perfecting machinery and a process to do so profitably, such a manufacture having never before been…
1Opinion of the CourtGray, J.
It is the policy of the law, for the advantage of the public, to encourage and protect invention and commercial enterprise. If a man establishes a business and makes it valuable by his skill and attention, the good will of that business is recognized by the law as property. If he adopts and publicly uses a trade mark, he has a remedy, either at law or in equity, against those who undertake to use it without his permission. If he makes a new and useful invention of any machine or composition of matter, he may, upon filing in a public office a description which will enable an expert to…
2Cases cited1 opinion
- Jarvis v. PeckNew York Court of Chancery · 1843
3Cited by110 opinions
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- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Jet Spray Cooler, Inc. v. CramptonMassachusetts Supreme Judicial Court · 1972
- Franke v. WiltschekCourt of Appeals for the Second Circuit · 1953
- Warner-Lambert Co. v. Execuquest Corp.Massachusetts Supreme Judicial Court · 1998
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