Dr. Jaeger's Sanitary Woolen System Co. v. Le Boutillier
New York Supreme Court
Appeal from special term, New York county. Actions by Dr. Jaeger’s Sanitary Woolen System Company against George Le Boutillier, and by the same plaintiff against Frederick Loeser and another, to restrain infringements of a trade-mark. The plaintiff appeals from orders in both cases appointing a referee to take testimony as to the value of the trade-mark, with a view to granting an additional allowance of costs to defendants.
1Opinion of the CourtPatterson, J.
These are appeals from orders in two actions brought for infringement of an alleged trade-mark right claimed by the plaintiff. Judgment in each action was for the defendant. In the case against Le Boutillier a temporary injunction was granted. The defendant in each case moved for an extra allowance, and the court below directed a reference in each case, to take proof of the value of the plaintiff’s alleged trade-mark, with a view to granting such additional allowance; and, in connection with the order in the Le Boutillier case, the referee was authorized to ascertain the damages caused by the…
2Cases cited5 opinions
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Moore v. . ApplebyNew York Court of Appeals · 1888
- Weaver v. . ElyNew York Court of Appeals · 1880
- Munro v. SmithNew York Supreme Court · 1889
- Adams v. . ArkenburghNew York Court of Appeals · 1887