Kinney Tobacco Co. v. Maller

The plaintiff and defendant are manufacturers of cigarettes in the city of New York, and the action was brought to restrain the defendant from the use of a device adopted by him as a trade-mark, upon the alleged ground that it infringed a trade-mark previously adopted and used by the plaintiff and its predecessors in the same business. The cigarettes manufactured by the plaintiff were pu"6 up in packages, upon the wrapper of which was its label, containing the words, in circular form, “Sweet Caporal.” 'These words were above space containing a cap ornamented with a device extending from the…