People v. . Luhrs
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1908, which affirmed a judgment of the Court of Special Sessions of the Peace in the city of Hew York convicting the defendant of a violation of section 364 of the Penal Code. An information filed by the district attorney of the county of Mew York charged the defendant with violating section 364 of the Penal Code, known as the Trade Mark Law.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1908, which affirmed a judgment of the Court of Special Sessions of the Peace in the city of Hew York convicting the defendant of a violation of section 364 of the Penal Code. An information filed by the district attorney of the county of Mew York charged the defendant with violating section 364 of the Penal Code, known as the Trade Mark Law. After a trial before three justices of the Court of Special Sessions he was convicted and sentenced to pay a fine of fifty dollars, and,…
1Opinion of the CourtVane, J.
The intention of the legislature to thoroughly protect both the public and the owner from the furtive use of trade marks in any way is shown by the language of section 364 of the Penal Code under which the defendant was convicted. The first five subdivisions of that section, entitled “ Offenses against trade marks,” make it a crime to knowingly counterfeit a trade mark ; to use a false or counterfeit trade mark, or even a genuine trade mark without the owner’s consent; to sell or keep for sale an article of merchandise to which is attached a false or counterfeit trade mark or a genuine trade…
2Cases cited6 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Wright v. . HartNew York Court of Appeals · 1905
- City of Rochester v. . WestNew York Court of Appeals · 1900
- Lemieux v. Young, TrusteeSupreme Court of the United States · 1909
- People v. . GirardNew York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- People v. Arlen Service Stations, Inc.New York Court of Appeals · 1940
- People v. AtlasAppellate Division of the Supreme Court of the State of New York · 1918
- Klein v. . MaravelasNew York Court of Appeals · 1916
- People ex rel. Darling v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1913
- Fairmont Funding, Ltd. v. StefanskyAppellate Division of the Supreme Court of the State of New York · 2003
29 more not listed; retrieve them via the Exa API.