Legal Opinion

Oneida Community, Ltd. v. Oneida Game Trap Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1915PublishedCited by 15 opinions

Separate appeals by the plaintiff, Oneida Community, Limited, and by the defendant, Oneida Game Trap Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 16th day of January, 1915, upon the decision of the court after a trial before the court without a jury.

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Separate appeals by the plaintiff, Oneida Community, Limited, and by the defendant, Oneida Game Trap Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 16th day of January, 1915, upon the decision of the court after a trial before the court without a jury. Plaintiff appeals from said judgment, except so much thereof as enjoins the defendant from placing its corporate name upon the pans of game traps manufactured or sold by it. Defendant appeals from so much of said judgment as enjoins the defendant…

1Opinion of the Court

Woodward, J.:

The plaintiff, the Oneida Oommunity, Limited, and its predecessors, has manufactured game traps for a period of sixty years, and it appears from the evidence that it now produces and sells about ninety-two per cent of all the game traps used in the world, and about eighty per cent of the traps used in the United States. It has factories located at a settlement known as Sherrill, adjoining the corporate limits of the city of Oneida, and at Niagara Falls, Ontario, and having a commanding position in the industry of manufacturing game traps, it must be obvious that it has a good…

2Cases cited6 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. Claflin v. HousemanSupreme Court of the United States · 1876
  3. Robb v. ConnollySupreme Court of the United States · 1884
  4. Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
  5. United States v. BarnesSupreme Court of the United States · 1912

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3Cited by15 opinions

  1. Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
  2. Lynott v. Great Lakes Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1922
  3. Pioneer First Federal Savings & Loan Ass'n v. Pioneer National BankWashington Supreme Court · 1983
  4. Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
  5. Winthrop Chemical Co. v. BlackmanNew York Supreme Court · 1936

10 more not listed; retrieve them via the Exa API.

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