Williams v. Johnson
The Superior Court of New York City
Appeal from an order made at Special Term, before Mr. Justice Slosson, granting an injunction to restrain the defendant, pendente lite, from selling, disposing of, or advertising, or offering for sale, any soap (not. manufactured by the plaintiffs) put up in boxes, wrappers, or labels, in a form and style, alleged in the bill of complaint, to be a fraudulent imitation of the boxes, wrappers, labels, etc., used by the plaintiffs, to designate their own manufacture.
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Appeal from an order made at Special Term, before Mr. Justice Slosson, granting an injunction to restrain the defendant, pendente lite, from selling, disposing of, or advertising, or offering for sale, any soap (not. manufactured by the plaintiffs) put up in boxes, wrappers, or labels, in a form and style, alleged in the bill of complaint, to be a fraudulent imitation of the boxes, wrappers, labels, etc., used by the plaintiffs, to designate their own manufacture. The complaint herein alleged that, in or about the year 1845, the plaintiff, James B. Williams and his brothers, were…
1Opinion of the CourtBy the Court. Woodruff, J.
The defendant is engaged in a gross and palpable endeavor, by imitating the marks and labels used by the plaintiffs, to deceive the public and obtain patronage, which would in all probability be attracted to the plaintiffs.
This the defendant is doing, not only by closely imitating the plaintiffs’ marks and labels, but by falsely representing his soap as a Yankee manufacture, and made by persons named Williams, when, in truth, it is made in the City of New York by the defendant, William Johnson.
No words can describe or give a conviction of the fraud the defendant is practising, so clearly as…
2Cited by15 opinions
- Caswell v. . DavisNew York Court of Appeals · 1874
- Selchow v. . BakerNew York Court of Appeals · 1883
- Newman v. AlvordNew York Supreme Court · 1867
- Smith v. WalkerMichigan Supreme Court · 1885
- Merchants' Detective Ass'n v. Detective Mercantile AgencyAppellate Court of Illinois · 1888
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