Legal Opinion

Taylor v. Carpenter

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1844PublishedCited by 33 opinions

Bill in equity [by John Taylor and others against Daniel Carpenter] for an injunction and other relief. The bill in substance stated: “That the plaintiffs are subjects of the queen of Great Britain, and for many years past have been very extensively engaged in manufacturing and selling cotton sewing thread, as well in the United States as in England, which is put up for sale on spools labelled on the top ‘Taylor’s Persian Thread,’ and on the bottom ‘J. & W. Taylor,…

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Bill in equity [by John Taylor and others against Daniel Carpenter] for an injunction and other relief. The bill in substance stated: “That the plaintiffs are subjects of the queen of Great Britain, and for many years past have been very extensively engaged in manufacturing and selling cotton sewing thread, as well in the United States as in England, which is put up for sale on spools labelled on the top ‘Taylor’s Persian Thread,’ and on the bottom ‘J. & W. Taylor, Leicester,’ with the number of the thread, and number of yards on each spool, and with other devices thereon, for the purpose of…

1Opinion of the Court

STORY, Circuit Justice.

1 have not the slightest doubt, in the present ease, that a perpetual injunction . ought to be granted. The case presented is one of unmitigated and designed infringement of the rights of the plaintiffs, for the purpose of defrauding the public and taking from the plaintiffs the fair earnings of their skill, labor and enterprise.

Various grounds of objection are suggested in the answer of the defendant, none of which appear to me to be of any validity. First, it is suggested, that the plaintiffs are aliens. Be it so. But in the courts of the United States, under the…

2Cited by33 opinions

  1. Menendez v. HoltSupreme Court of the United States · 1888
  2. Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
  3. Dior v. MiltonNew York Supreme Court · 1956
  4. Hard Candy, LLC v. Anastasia Beverly Hills, Inc.Court of Appeals for the Eleventh Circuit · 2019
  5. Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877

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