Legal Opinion

Gluckman v. Strauch

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 1 opinion

Appeal by the plaintiffs, Max Gluckman and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 2d day of June, 1904, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiffs’ complaint.

1Opinion of the Court

Patterson, J.:

The appeal in this case comes before us on the judgment roll, and we are required only to determine whether the conclusion of law of *362the justice at Special Term was justified or required by the findings of fact he made. The relief the plaintiffs sought was a perpetual injunction to prevent the defendants from imitating or counterfeiting their trade mark and label. That trade mark and label are used in connection with cigarette papers sold by the plaintiffs, and the court has found as facts that the defendants have willfully, intentionally and continuously infringed the…

2Cases cited6 opinions

  1. Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
  2. Worden v. California Fig Syrup Co.Supreme Court of the United States · 1903
  3. Prince Manufacturing Co. v. Prince's Metallic Paint Co.New York Court of Appeals · 1892
  4. Fetridge v. WellsThe Superior Court of New York City · 1857
  5. Hobbs v. FrancaisThe Superior Court of New York City · 1860

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3Cited by1 opinion

  1. Fay v. LambourneAppellate Division of the Supreme Court of the State of New York · 1908

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