C. A. Briggs Co. v. National Wafer Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on February 19, 1912, by a corporation organized under the laws of the State of Maine against another corporation organized in the same State, to restrain the defendant from manufacturing or selling any rolls or packages of wafers as or for "Boston Wafers,” or from selling any wafers in rolls or packages enclosed in wrappers made in imitation of those used by the plaintiff, for an accounting for profits wrongfully derived…
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Bill in equity, filed in the Supreme Judicial Court on February 19, 1912, by a corporation organized under the laws of the State of Maine against another corporation organized in the same State, to restrain the defendant from manufacturing or selling any rolls or packages of wafers as or for "Boston Wafers,” or from selling any wafers in rolls or packages enclosed in wrappers made in imitation of those used by the plaintiff, for an accounting for profits wrongfully derived by the defendant from a violation of the alleged rights of the plaintiff, and for damages. The bill alleged that by a…
1Opinion of the CourtSheldon, J.
The principal question in this case is whether the plaintiff has the right to restrain the defendant from using, outside of the territory which was specified in the decree made by a justice of this court in the former suit, the words “Boston Wafers” as the name of the articles which it manufactures and sells in competition with the plaintiff. The answer to this question depends upon well settled principles.
It practically has been conceded in argument that the plaintiff has no exclusive right to the use of these words in connection with its product as a trademark strictly so called. This is…
2Cases cited57 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- McLean v. FlemingSupreme Court of the United States · 1878
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Menendez v. HoltSupreme Court of the United States · 1888
- Canal Co. v. ClarkSupreme Court of the United States · 1872
52 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Quabaug Rubber Company v. Fabiano Shoe Co., Inc.Court of Appeals for the First Circuit · 1977
- Charles Broadway Rouss, Inc. v. Winchester Co.Court of Appeals for the Second Circuit · 1924
- William Kazmaier v. John WootenCourt of Appeals for the First Circuit · 1985
- National Fruit Product Co. v. Dwinell-Wright Co.District Court, D. Massachusetts · 1942
- USM Corp. v. Marson Fastener Corp.Massachusetts Supreme Judicial Court · 1984
44 more not listed; retrieve them via the Exa API.