Day v. Webster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles B. Webster and others, from an interlocutory judgment of the Supreme Oourt in favor of the plaintiffs, entered in the office of the clerk of the county of ¡New York on the 27th day of March, 1897, upon the decision of the court rendered after a trial at the ¡New York Special Term.
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Appeal by the defendants, Charles B. Webster and others, from an interlocutory judgment of the Supreme Oourt in favor of the plaintiffs, entered in the office of the clerk of the county of ¡New York on the 27th day of March, 1897, upon the decision of the court rendered after a trial at the ¡New York Special Term. The action was brought to restrain the defendants from using upon their goods a label claimed to be an imitation of that used by the plaintiffs, and for an accounting by the defendants of the profits realized by them upon goods bearing the alleged imitation of the plaintiffs’ label.
1Opinion of the Court
Barrett, J.:
There is no question in this case of the infringement of a technical trade mark. No claim upon that head, apart from their entire label, is made by the plaintiffs in their complaint'; and upon the trial, in answer to a query of the learned, judge, the plaintiffs’ counsel conceded that there was no question of trade mark. The plaintiffs’ label was treated as the equivalent of their trade mark. They speak throughout of their adoption, not of any defined name or' device, but of “ a special, particular and distinctive label, device and trade mark,” a facsimile of which is appended to…
2Cited by8 opinions
- E. P. Dutton & Co. v. CupplesAppellate Division of the Supreme Court of the State of New York · 1907
- Westcott Chuck Co. v. Oneida National Chuck Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Car Advertising Co. v. New York City Car Advertising Co.New York Supreme Court · 1907
- Bolen & Byrne Manufacturing Co. v. JonaschNew York Supreme Court · 1899
- Charles E. Hires Co. v. VillepigueCourt of Appeals for the Eighth Circuit · 1912
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