Hier v. . Abrahams
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granting a new trial. This action was brought to restrain the defendants from infringing upon plaintiffs’ alleged right to the use of the word a prj(je ” as a trade-mark, and for damages, etc. The facts are set forth sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granting a new trial. This action was brought to restrain the defendants from infringing upon plaintiffs’ alleged right to the use of the word a prj(je ” as a trade-mark, and for damages, etc. The facts are set forth sufficiently in the opinion. In equity, aside from ' the statute, plaintiffs are entitled to the relief asked for. (4 Abb. [N. S.] 410; 48 N. Y. 374; 61 id. 226; 2 Daly, 521;…
1Opinion of the CourtRapallo, J.
The plaintiffs, composing the firm of Hier & Aldrich, and being engaged in the business of manufacturing cigars in the city of Syracuse, claim to have adopted as a trademark, to be placed on boxes of cigars manufactured by them, the word “ Pride,” and that this trade-mark was infringed by the defendaiits, who were also manufacturers of cigars in the same city, doing business under the firm name of Abrahams & Co.
The trial court found as facts that the plaintiffs had, for three years before the commencement of the action, adopted and used as their trade-mark, in the manufacture and sale of…
2Cases cited5 opinions
- Newman v. . AlvordNew York Court of Appeals · 1872
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
- Gillott v. . EsterbrookNew York Court of Appeals · 1872
- Popham v. . ColeNew York Court of Appeals · 1876
- Low v. . HallNew York Court of Appeals · 1871
3Cited by42 opinions
- Fisher v. . Star Co.New York Court of Appeals · 1921
- Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
- Koehler v. . SandersNew York Court of Appeals · 1890
- Fuller v. HuffCourt of Appeals for the Second Circuit · 1900
- El Modello Cigar Manufacturing Co. v. GatoSupreme Court of Florida · 1889
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