Waterman v. . Shipman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the second judicial department, entered upon an order made December 13,1889, which affirmed a judgment in favor ■ of defendants entered upon a decision of the court on trial at •Special Term.
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Appeal from judgment of the General Term of the Supreme 'Court in the second judicial department, entered upon an order made December 13,1889, which affirmed a judgment in favor ■ of defendants entered upon a decision of the court on trial at •Special Term. This action was brought to restrain the defendants from ■.using an alleged trade-mark of the plaintiffs, consisting of the name “ Waterman’s Ideal Fountain Pen,” and to compel them to account for all profits realized by them from the sale of ■fountain pens stamped with that name. The answer, after denying certain allegations of the…
1Opinion of the CourtVann, J.
The defendants rest their right to the use of the name in question upon the allegation that they have a license under the letters patent to make and sell the patented article, and that the right to make the article involves the right to use the name adopted by the patentee. The plaintiffs insist that no effective license was ever granted to the defendants, who in reply say that they claim to have acted under a valid license, and that the assertion of this claim divests the state courts of jurisdiction. We think, however, that an issue as to the existence of a license is an issue as to the…
2Cases cited9 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Hartell v. TilghmanSupreme Court of the United States · 1879
- Newman v. . AlvordNew York Court of Appeals · 1872
- Selchow v. . BakerNew York Court of Appeals · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- National Picture Theatres, Inc. v. Foundation Film Corp.Court of Appeals for the Second Circuit · 1920
- Artype, Incorporated v. Joseph Zappulla, Doing Business as Art-Type ServiceCourt of Appeals for the Second Circuit · 1956
- Hercules Powder Co. v. NewtonCourt of Appeals for the Second Circuit · 1920
- Wise v. . Tube Bending Machine Co.New York Court of Appeals · 1909
- Colgate-Palmolive Co. v. Mistolín de Puerto Rico, Inc.Supreme Court of Puerto Rico · 1986
13 more not listed; retrieve them via the Exa API.