Faber v. Faber
New York Supreme Court
| Motion for an injunction. ( Í This action was brought by John Bother Faber, the manufacturer of the article known as the “A. W. Faber” lead pencil, against John H. Faber, and his agent in this country, J. S. Frankenthal, for an injunction and damages for violation of the trade mark claimed by the plaintiff. The plaintiff resides and carries on the manufacture of pencils at Stein, and the defendant J. H. Faber, at Schweinaw; both of which places are near Nuremberg, Germany.
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| Motion for an injunction. ( Í This action was brought by John Bother Faber, the manufacturer of the article known as the “A. W. Faber” lead pencil, against John H. Faber, and his agent in this country, J. S. Frankenthal, for an injunction and damages for violation of the trade mark claimed by the plaintiff. The plaintiff resides and carries on the manufacture of pencils at Stein, and the defendant J. H. Faber, at Schweinaw; both of which places are near Nuremberg, Germany. At and near Nuremberg are many other similar manufacturers of lead pencils. For the defence, it was contended that the…
1Opinion of the CourtSutherland, J.
It is unfortunate for the plaintiff that he and the defendant, J. H. Eaber, are both manufacturers of lead pencils at or near the same place in Germany, and that both have the same name as Eaber, for it is easy to see this circumstance may have been and may be an injury to the plaintiff; but the defendant, Faber, has a right to put or stamp his own name in gold, gilt or other letters, on his pencils, and on the bands, wrappers, or covers in which they are put up as described in the complaint, and any injury which the plaintiff has suffered or may suffer by such use of the defendant Faber’s…
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- Hildreth v. D. S. McDonald Co.Massachusetts Supreme Judicial Court · 1895
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