Appeal of Pratt
Supreme Court of Pennsylvania
No. 128 January Term 1886, Sup. Ct.; court below, No. 3 June Term 1881, C. P. in equity. On May 2, 1881, Albert Darlington, Jesse Darlington and Jared Darlington, trading as J. & J. Darlington, and Mary F. Darlington, filed a bill in equity against T. Minshall Pratt, to enjoin and restrain the latter from the use of a certain butter print as a trade-mark.
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No. 128 January Term 1886, Sup. Ct.; court below, No. 3 June Term 1881, C. P. in equity. On May 2, 1881, Albert Darlington, Jesse Darlington and Jared Darlington, trading as J. & J. Darlington, and Mary F. Darlington, filed a bill in equity against T. Minshall Pratt, to enjoin and restrain the latter from the use of a certain butter print as a trade-mark. From 1810 or 1812, Jesse Darlington, the grandfather of the plaintiffs, owned a farm in Middletown township, on which he conducted a butter dairy, selling the products in the Philadelphia market. The butter was in pound and half pound…
1Opinion of the Court
Opinion,
Me. Justice Paxson:
This bill was filed in the court below to restrain the defendant from using plaintiffs’ trade-mark. The plaintiffs are farm*410ers, residing in Delaware county, and engaged in the dairy business. They make what is now widely known in many portions of this country as the “ Darlington Butter,” an article of such superior quality as to command a ready sale and a high price. The plaijitiffs and their immediate ancestors have been engaged in making this butter for a period of about three quarters of a century. The business was commenced by Jesse Darlington, the grandfather…
2Cases cited3 opinions
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- Geffen v. Baltimore Markets, Inc.Supreme Court of Pennsylvania · 1937
- Scranton Stove Works v. ClarkSupreme Court of Pennsylvania · 1916
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