Walton v. Crowley
U.S. Circuit Court for the District of Southern New York
In equity. This was an application for a provisional injunction, founded upon a bill and an affidavit of the plaintiff [Henry Walton]. It was opposed upon an affidavit of the-defendant [Robert Crowley], without any answer.
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In equity. This was an application for a provisional injunction, founded upon a bill and an affidavit of the plaintiff [Henry Walton]. It was opposed upon an affidavit of the-defendant [Robert Crowley], without any answer. The bill set forth, that one James; Smith, in England, had, under the name of James Smith & Son, been for 20 years a manufacturer of needles for sewing; that, more-than 20 years ago, Smith agreed with the plaintiff’s father, James Walton, who resided in Philadelphia, that he should be the sole purchaser of all the needles made by Smith which should come to the .United…
1Opinion of the Court
BETTS, District Judge.
On ordinary observation, the labels used by the two parties in this case would not be apt to be distinguished the one from the other — the size, shape, vignette. coloring and marking being so nearly identical as to make them easily pass for the same, and the only difference discernible, on considerable scrutiny, being in the name of the warrantor, stam] >ed upon them in letters so small as not readily to attract notice.
It is this apparent similitude or counterfeiting which is the grievance complained of. A tradesman, to bring his privilege of using a particular mark…
2Cases cited1 opinion
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
3Cited by12 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Hughes v. Alfred H. Smith Co.District Court, S.D. New York · 1913
- Southeastern Brewing Co. v. BlackwellCourt of Appeals for the Fourth Circuit · 1935
- Conrad v. Joseph Uhrig Brewing Co.Missouri Court of Appeals · 1880
- Liggett & Myer Tobacco Co. v. HynesDistrict Court, W.D. Arkansas · 1884
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