Legal Opinion
Goldstein v. Whelan
U.S. Circuit Court for the District of Northern New York
Decided June 14, 1894No. 6,226PublishedCited by 2 opinions
This was a suit by Julius M. Goldstein against Charles A. Whe-lan and others to enjoin alleged infringement of a registered trademark. Complainant moved for a preliminary injunction.
1Opinion of the Court
COXE, District Judge.
This action is brought to restrain the defendants from infringing the complainant’s registered trade-mark "Napoleon.” Both parties are citizens of this state. In his statement, filed February 28, 1894, the complainant says:
“My trade-mark consists of the word symbol ‘Napoleon.’ * * * The word may be printed in connection with an ornamental label having-, among other figures or forms, a picture of Napoleon I., without materially altering the character of the trade-mark, the essential feature of which is tlie word ‘Napoleon.’ ”
The trade-mark is used to designate a certain…
2Cases cited4 opinions
- Omaha Horse Ry. Co. v. Cable Tram-Way Co.United States Circuit Court · 1887
- Stachelberg v. PonceSupreme Court of the United States · 1888
- Hawley v. DonnellyNew York Court of Chancery · 1840
- Buerk v. ImhaeuserU.S. Circuit Court for the District of Southern New York · 1876
3Cited by2 opinions
- Pinaud, Inc. v. HuebschmanDistrict Court, E.D. New York · 1928
- Walsh v. Albert Wahle Co.District Court, E.D. New York · 1928