Blackwell v. . Wright
Supreme Court of North Carolina
Civil ACTION, tried before Kerr, Jat Fall Term, 1871-, Ala-MANCE Superior Court. The action was originally begun in the county of Orange, and upon affidavit of the defendant removed to the county of Alamance. The plaintiff alleged : That he is a manufacturer of smoking tobacco at Durham, and as such has owned and used since the month of April, 1870, a trade mark, in order to distinguish the smoking tobacco made by him from other such tobacco.
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Civil ACTION, tried before Kerr, Jat Fall Term, 1871-, Ala-MANCE Superior Court. The action was originally begun in the county of Orange, and upon affidavit of the defendant removed to the county of Alamance. The plaintiff alleged : That he is a manufacturer of smoking tobacco at Durham, and as such has owned and used since the month of April, 1870, a trade mark, in order to distinguish the smoking tobacco made by him from other such tobacco. The trade mark so used by; him, containing the words, “ Genuine Durham (Trade Mark) Smoking Tobacco, Manufactured only by 'William T. Blackwell,…
1Opinion of the CourtByNUM, J.
Unless the inventor is protected by a patent obtained out of the Patent Office of the United States, he has no exclusive right to make and vend his own invention, but any other person has the right to make and vend the same article, or one precisely like it. But he has no right to manufacture and sell it as the article made by the inventor. Every manufacturer has the unquestionable right to distinguish the goods that he manufactures and sells by a peculiar mark or device, so that they may be known as his in the market, and he may thus secure the profits which their superior deputation as his…
2Cited by9 opinions
- Yellow Cab Co. v. CreasmanSupreme Court of North Carolina · 1923
- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
- Solis Cigar Co. v. Pozo & SuarezSupreme Court of Colorado · 1891
- Eckhart v. Consolidated Milling Co.Appellate Court of Illinois · 1897
- New Orleans Coffee Co. v. American Coffee Co.Supreme Court of Louisiana · 1909
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