Shaw v. Pilling
Supreme Court of Pennsylvania
Appeal, No. 29, July T., 1895, by defendants, from judgment of C. P. No. 2, Philadelphia Co., June T., 1892, No. 777, on verdict for plaintiff. Trespass for the infringement of an alleged trade-mark. Before Pennypacker, J. At the trial it appeared that plaintiff claimed a trade-mark in the name of “ Burgess ” as applied to an atomizer. The atomizer was inclosed in a dark red paper box haying printed on the lid the following words and picture: BURGESS’ ATOMIZERS.
Read the full summary
Appeal, No. 29, July T., 1895, by defendants, from judgment of C. P. No. 2, Philadelphia Co., June T., 1892, No. 777, on verdict for plaintiff. Trespass for the infringement of an alleged trade-mark. Before Pennypacker, J. At the trial it appeared that plaintiff claimed a trade-mark in the name of “ Burgess ” as applied to an atomizer. The atomizer was inclosed in a dark red paper box haying printed on the lid the following words and picture: BURGESS’ ATOMIZERS. MANUFACTURED BY J. ELLIOTT SHAW & CO., 632 ARCH STREET, PHILADELPHIA. In October, 1891, the defendants began to make an atomizer…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The plaintiff gave evidence of the falling off of his custom concurrently with defendants’ beginning to use the trade-mark, and claimed that the former was the consequence of the latter. It is difficult to see how else he could prove his loss, for. he could not follow Ms customers individually and testify where they went to buy when they ceased to come to Mm. The inference was for the jury. In the language of the logicians he proved the sequence of the events, and it was for the jury to say whether the deduction from post hoc to propter hoc was rightly drawn.…
2Cases cited1 opinion
- Taylor v. CarpenterNew York Court of Chancery · 1844
3Cited by14 opinions
- Thomson-Porcelite Co. v. HaradSupreme Court of Pennsylvania · 1947
- Goebel Brewing Co. v. Esslingers, Inc.Supreme Court of Pennsylvania · 1953
- Chas. H. Elliott Co. v. Skillkrafters, Inc.Supreme Court of Pennsylvania · 1921
- Consolidated Ice Co. v. Hygeia Distilled Water Co.Court of Appeals for the Third Circuit · 1907
- Stephano Bros. v. StamatopoulosCourt of Appeals for the Second Circuit · 1916
9 more not listed; retrieve them via the Exa API.