Taylor v. Gillies
New York Court of Common Pleas
Appeal by plaintiff from a judgment dismissing the complaint entered on the decision of a judge of this court, after a trial before him at special term.
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Appeal by plaintiff from a judgment dismissing the complaint entered on the decision of a judge of this court, after a trial before him at special term. The action was brought to perpetually restrain the defendants (who composed the firm of Wright Gillies & Co.) from using the words “ gold medal ” to describe the saleratus put up and sold by them, the plaintiff claiming that he was entitled to the exclusive use of the words “gold medal” to describe the saleratus manufactured and put up by him. The judge at special term dismissed the complaint on the ground that the words “ gold medal ” were…
1Opinion of the CourtJ. F. Daly, J.
The plaintiff sought in this action to obtain an injunction against defendants restraining them from the use of the words or designation, “ Gold Medal Saleratus,” on the ground that it was plaintiff’s trade-mark for saleratus manufactured and sold by him. The relief demanded was refused by this court at special term, and this appeal is taken from the judgment entered upon that decision. The court held that the words “gold medal” were not the subject of trade-mark because they were “ common terms and not mere fanciful expressions, nor do they in any way indicate any such exclusive ownership or…
2Cases cited2 opinions
- Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
- Fetridge v. WellsThe Superior Court of New York City · 1857
3Cited by1 opinion
- Grow v. SeligmanMichigan Supreme Court · 1882