Stokes v. Landgraff
New York Supreme Court
Motion on the part of the defendants to vacate an injunction. The plaintiff; who was a manufacturer of glass at the village of Clyde in the town of Galen, in the county of Wayne, complained that the defendants, who were glass manufacturers at Cleveland, in the county of Oswego, were fi'audulently using his trade marks; and he sought to restrain them from so doing, and to recover damages therefor.
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Motion on the part of the defendants to vacate an injunction. The plaintiff; who was a manufacturer of glass at the village of Clyde in the town of Galen, in the county of Wayne, complained that the defendants, who were glass manufacturers at Cleveland, in the county of Oswego, were fi'audulently using his trade marks; and he sought to restrain them from so doing, and to recover damages therefor. A temporary injunction was granted to the plaintiff, which the defendants applied to have vacated. The other facts sufficiently appear in the opinion of the court.
1Opinion of the CourtT. R. Strong, J.
The principle is well settled, that a manufacturer may, by priority of appropriation of names, letters, marks, or symbols of any kind to distinguish his manufactures, acquire a property therein, as a trade mark, for the invasion of which an action for damages will lie, and in the exclusive use of-*609which he may have protection, when necessary, by injunction. The wrong, in such a case, for which those remedies are given, consists in misrepresenting to the public, by the use of that trade mark, goods or wares of another person as having been manufactured by the true proprietor of that mark, and…
2Cases cited1 opinion
- Taylor v. CarpenterNew York Court of Chancery · 1844
3Cited by27 opinions
- Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
- Filley v. FassettSupreme Court of Missouri · 1869
- Falkinburg v. LucyCalifornia Supreme Court · 1868
- Popham v. . ColeNew York Court of Appeals · 1876
- Corwin v. DalyThe Superior Court of New York City · 1860
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