Barrett Chemical Co. v. Stern
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Barrett Chemical Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of July, 1900, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits.
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Appeal by the plaintiff, the Barrett Chemical Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of July, 1900, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits. The following are descriptions of the labels mentioned in the opinion of Hatch, J.: , The plaintiff’s label, reproduced below, is an engraved label four ' and one-half by two and one-quarter inches, in size, printed in black ink on white paper, with tinted…
1Opinion of the Court
Hatch, J.:
The complaint in this action avers that a corporation called the “ Roachsault Manufacturing Company ” adopted and began to use in its business in September, 1895, a trade mark for insecticide prepared and sold by it, consisting of the word “ Roachsault,” and that in December of that year it procured such word to be registered as a trade mark in the patent office of the United States, pursuant to an act of Congress authorizing the registration of trade marks,- and that a certificate of such registration, No. 27,503, was issued to such corporation; that about the ninth day of May said…
2Cases cited3 opinions
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Cohn v. ReynoldsNew York Supreme Court · 1898
- Morgan v. BennettAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Prest-O-Lite Co. v. RayAppellate Division of the Supreme Court of the State of New York · 1914