Newman v. Alvord
New York Supreme Court
THE plaintiffs, in this action, are manufacturers of cement, or water lime, at the village of Akron, in the county of Erie. And the defendants are engaged in the same business at Syracuse, in the state of New York. Two of the plaintiffs have carried on the business at Akron, for about thirteen years preceding the trial of this action, and they, together with the other two plaintiffs, have carried on the same business for three years preceding such trial.
Read the full summary
THE plaintiffs, in this action, are manufacturers of cement, or water lime, at the village of Akron, in the county of Erie. And the defendants are engaged in the same business at Syracuse, in the state of New York. Two of the plaintiffs have carried on the business at Akron, for about thirteen years preceding the trial of this action, and they, together with the other two plaintiffs, have carried on the same business for three years preceding such trial. During all that time their cement, or water lime, has had an extensive sale at Buffalo and other places, in the country, bringing a high…
1Opinion of the Court
By the Court, Daniels, J.
The name which has been selected and used for the pnrpose of distinguishing the water lime cement manufactured by the plaintiffs from that manufactured by others engaged in the same business, is one which is very clearly adapted to that purpose ; because it designates the origin of the article made and dealt in by them, as well as its place of manufacture. Within the settled rule of the law governing trademarks, it was appropriately used in these *591respects ; for the material used by the plaintiffs was obtained and manufactured into water lime cement at the village…
2Cases cited13 opinions
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Taylor v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1844
- Fetridge v. WellsThe Superior Court of New York City · 1857
- Clark v. ClarkNew York Supreme Court · 1857
- Stokes v. LandgraffNew York Supreme Court · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
- Quaker State Oil Refining Co. v. SteinbergSupreme Court of Pennsylvania · 1936
- Fairbanks v. JacobusU.S. Circuit Court for the District of Southern New York · 1877
16 more not listed; retrieve them via the Exa API.