Tracy v. Banker
Massachusetts Supreme Judicial Court
Bill in equity, filed April 29,1897, in the Superior Court, by the plaintiff as Vice President of the Cigar Makers’ International Union of America, to restrain the defendant from using a label on boxes of cigars manufactured by him. Hearing before Sheldon, J., who found the following facts. The Cigar Makers’ International Union is a voluntary association of cigar makers. The plaintiff is a member and officer thereof.
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Bill in equity, filed April 29,1897, in the Superior Court, by the plaintiff as Vice President of the Cigar Makers’ International Union of America, to restrain the defendant from using a label on boxes of cigars manufactured by him. Hearing before Sheldon, J., who found the following facts. The Cigar Makers’ International Union is a voluntary association of cigar makers. The plaintiff is a member and officer thereof. The objects and operations of the association prior to September, 1896, are as stated in its constitution of 1893, and subsequent to that time as stated in its constitution of…
1Opinion of the CourtHolmes, J.
This is a bill in equity, brought under St. 1895, e. 462, § 3, by the officer of a voluntary association, as authorized by that section, to prevent the defendant from fraudulently using the association’s trades union label, and counterfeits of such label. The defences requiring notice are that the statute protects only-merchants or manufacturers, that the association is not of a kind that will be protected by the court, and laches.
The label is part of the well known machinery of trades unions, and the use of it is found, if a finding be necessary, to be of value to the union and its members.…
2Cases cited6 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Weener v. BraytonMassachusetts Supreme Judicial Court · 1890
- Nudd v. PowersMassachusetts Supreme Judicial Court · 1884
- Cohn v. PeopleIllinois Supreme Court · 1894
- State v. BishopSupreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
- Blair's Foodland Inc. v. Shuman's Foodland, Inc.Massachusetts Supreme Judicial Court · 1942
- Journeymen Barbers' International Union, Local 687 v. PollinoSupreme Court of New Jersey · 1956
- Commonwealth v. AnselvichMassachusetts Supreme Judicial Court · 1904
9 more not listed; retrieve them via the Exa API.