Clark v. Clark
New York Supreme Court
PPEAL from an order made at a special term, dissolving an injunction. The injunction restrained the defendant from making, devising or causing to he made or devised, and from purchasing, procuring or using on any cotton sewing thread or packages or spools thereof in their possession, or under their control, or by or for them, or either of them, imported into, or sold or offered, or kept for sale within the United States, any parti-colored label, ticket or trade mark of a…
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PPEAL from an order made at a special term, dissolving an injunction. The injunction restrained the defendant from making, devising or causing to he made or devised, and from purchasing, procuring or using on any cotton sewing thread or packages or spools thereof in their possession, or under their control, or by or for them, or either of them, imported into, or sold or offered, or kept for sale within the United States, any parti-colored label, ticket or trade mark of a like design, arrangement, lettering, coloring or combination of lettering and coloring, to that used by the plaintiffs as…
1Opinion of the Court
By the Court, Mitchell, J.
The plaintiffs are manufacturers, at Mile End, Glasgow, of spool cotton. In 1843, they *78used their present trade mark, consisting of four concentric circles ; the inner one in gold, the next in silver, the next in black with letters in gold, and the next in silver; the whole bounded by two concentric black lines. In the inner circle is the No. of the cotton; in the next, “J. Clark, Jr. & Co., Mile End, Glasgow.” “ J. Clark Jr. & Co.” being at the top, and “ Mile End, Glasgow” at the bottom. In the next circle are the words “ Six cord cabled thread warr’d 200 yards.”…
2Cited by27 opinions
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- El Modello Cigar Manufacturing Co. v. GatoSupreme Court of Florida · 1889
- Filley v. FassettSupreme Court of Missouri · 1869
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