Legal Opinion

Putnam Nail Co. v. Bennett

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided October 6, 1890PublishedCited by 8 opinions

In Equity. Demurrer to complainant’s bill, which averred that the defendants had imitated their method of bronzing horseshoe nails with the intention of deceiving the public into buying their goods instead of the complainants’.

1Opinion of the Court

Bradley, J.,

(orally.) We are of opinion that sufficient averments are made to make it necessary for the defendants to answer the bill. It is averred that—

“The defendants, well knowing the premises, and that your orator alone possessed the right to bronze horseshoe nails as a trade-mark, and to sell the same under the trade name, as above set forth, have willfully disregarded the same, and, intending to deceive purchasers and defraud the public and to injure your orator, have for some time past been engaged, and are still engaged, in the sale of horseshoe nails, not manufactured by your…

2Cited by8 opinions

  1. Scriven v. NorthCourt of Appeals for the Fourth Circuit · 1904
  2. Williamson Candy Co. v. Ucanco Candy Co.District Court, D. Delaware · 1925
  3. Centaur Co. v. NeatheryCourt of Appeals for the Fifth Circuit · 1893
  4. Shredded Wheat Co. v. Humphrey Cornell Co.District Court, D. Connecticut · 1917
  5. Pecheur Lozenge Co. v. National Candy Co.District Court, D. New Jersey · 1940

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