Clinton Metalic Paint Co. v. New York Metalic Paint Co.
New York Supreme Court
These two suits are brought to enjoin defendant from using two alleged trade marks of the plaintiff. The plaintiff was incorporated in 1886, and has ever since been manufacturing in the township of Kirkland, N. Y., near the village of Clinton, in the said town, a red pigment for coloring mortar, brick, tile and ’all clay products. It makes such pigment out of iron ore which it mines in the same place.
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These two suits are brought to enjoin defendant from using two alleged trade marks of the plaintiff. The plaintiff was incorporated in 1886, and has ever since been manufacturing in the township of Kirkland, N. Y., near the village of Clinton, in the said town, a red pigment for coloring mortar, brick, tile and ’all clay products. It makes such pigment out of iron ore which it mines in the same place. The process of manufacture is to pass the ore through a gang of crushing, rolling and grinding machines, until it finally comes out a fine powder. While the ore is going through the grinding…
1Opinion of the Court
Gaynor J.:
It is often the case that a combination of words and figures or symbols will constitute a trade mark, although some or each of the particular parts of the combination, standing alone, *69would not constitute a trade mark, and could be used without infringement. In such a case it is the entire combination and setting which makes the trade mark (Fischer v. Blank, 138 N. Y. 244). This principle applies to the present case. The .words “ Clinton Hematite Red ”, and “ Metalic Clinton Paint ”, in the particular combination, setting and surroundings in which the plaintiff has placed them, are…
2Cases cited17 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Caswell v. . DavisNew York Court of Appeals · 1874
- Newman v. . AlvordNew York Court of Appeals · 1872
- Colman v. . CrumpNew York Court of Appeals · 1877
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