Falk v. . American West Indies Trading Co.
New York Court of Appeals
Appeal from a judgment entered January 15, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which dismissed an appeal from an order confirming the report of a referee and affirmed a final judgment in favor of plaintiff entered upon said report. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered January 15, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which dismissed an appeal from an order confirming the report of a referee and affirmed a final judgment in favor of plaintiff entered upon said report. The nature of the action and the facts, so far as material, are stated in the opinion. The courts below committed a fatal error in assuming that plaintiffs had obtained a valid title to the trade mark “El Falcon” by assignment of the same from the Lichtenstein corporation. That assignment was null and…
1Opinion of the CourtO’Brien, J.
The plaintiffs have recovered a judgment against the defendant, enjoining it from the use of a trade mark claimed to be their property, and for damages in the sum of ten thousand dollars for infringement and the wrongful use by the defendant of the trade mark in question.
It appears from the pleadings and findings of the trial court that about the year 1871 a partnership firm known as Lichtenstein Brothers & Co., engaged in the manufacture and sale of cigars, adopted and made use of the words “ El Falcon ” as a trade mark to designate a particular brand of cigars. This firm afterwards, and…
2Cases cited8 opinions
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Williams v. FarrandMichigan Supreme Court · 1891
- Weener v. BraytonMassachusetts Supreme Judicial Court · 1890
- Witthaus v. BraunCourt of Appeals of Maryland · 1876
- Messer v. FadettesMassachusetts Supreme Judicial Court · 1897
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3Cited by30 opinions
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- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
- Adrian v. UntermanAppellate Division of the Supreme Court of the State of New York · 1952
- T & T Manufacturing Co. v. A. T. Cross Co.District Court, D. Rhode Island · 1978
- American Broadcasting Co. v. Wahl Co.Court of Appeals for the Second Circuit · 1941
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