Penberthy Injector Co. v. Lee
Michigan Supreme Court
Appeal from Wayne; Adams, J., presiding. Bill by tbe Penberthy Injector Company against William O. Lee, Thomas J. Sweeney, Homer Pennock, and William Penberthy, copartners as the Lee-Penberthy Manufacturing Company, to enjoin the use by defendants, in their firm name and in their advertising, of the word “Penberthy,” in such manner as to mislead complainant’s customers. Prom a decree for complainant, defendants appeal.
1Opinion of the CourtMoore, J.
This is an appeal by defendants from a decree entered in the court below in favor of the complainant. The written opinion by Judge Adams is sustained by the record. It states the question involved so cleai'ly that a portion of it is quoted as a statement of the case:
“The bill in this .case was filed in January, 1898, for the purpose of restraining the defendants from infringing a certain trade-mark or trade-name made use of by complainant in its business for several years. It appears from the bill and defendants’ answer, and the proofs taken, that complainant is a corporation ox’ganized in…
2Cases cited8 opinions
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Newman v. . AlvordNew York Court of Appeals · 1872
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
- R. W. Rogers Co. v. Wm. Rogers Manuf'g Co.Court of Appeals for the Second Circuit · 1895
- William Rogers Manuf'g Co. v. Rogers & Spurr Manuf'g Co.District Court, D. Massachusetts · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dodge Stationery Co. v. DodgeCalifornia Supreme Court · 1904
- Bissell Chilled Plow Works v. T. M. Bissell Plow Co.U.S. Circuit Court for the District of Western Michigan · 1902
- Young & Chaffee Furniture Co. v. Chaffee Bros. Furniture Co.Michigan Supreme Court · 1918
- Wright Restaurant Co. v. Seattle Restaurant Co.Washington Supreme Court · 1912
- Weisman v. KuschewskiMichigan Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.