Avery & Sons v. Meikle & Co.
Court of Appeals of Kentucky
Case 58 — PETITION EQITITy APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The opinion delivered by this court upon the former appeal in this case settles the appellants’ right to the recovery of some damages, and, as we think, to an amount at least as much as the profits which resulted to and were realized by appellees from their manufacture and sale of the pirated articles.
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Case 58 — PETITION EQITITy APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The opinion delivered by this court upon the former appeal in this case settles the appellants’ right to the recovery of some damages, and, as we think, to an amount at least as much as the profits which resulted to and were realized by appellees from their manufacture and sale of the pirated articles. (81 Ky., pp. 73 to 116.) 2. Where relief is sought by an injunction and an account in the same action in which an infringement has been found and decreed, whether of the technical trade-mark proper or of its auxiliaries,…
1Opinion of the CourtChief Justice Pryor
The original action was instituted in the court below by the present appellants, and an injunction obtained,, *441restraining the appellees from the nse "of appellants’ trade-mark upon certain plows, and to prevent them (the appellees) from selling their plows as the plows of the appellants. The chancellor below having denied the relief, his judgment was reversed, this court, upon the hearing, holding, that while the appellees had not used the trade-marlc proper of the appellants, they had so arranged or placed the letters and numerals used by the appellants on their plows, the plows of the…
2Cases cited3 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Dobson v. Hartford Carpet Co.Supreme Court of the United States · 1885
- Avery & Sons v. Meikle & Co.Court of Appeals of Kentucky · 1883
3Cited by7 opinions
- Gregory v. SpiekerCalifornia Supreme Court · 1895
- Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1906
- William Wrigley, Jr. Co. v. L. P. Larson, Jr. Co.District Court, N.D. Illinois · 1925
- W. R. Lynn Shoe Co. v. Auburn-Lynn Shoe Co.Supreme Judicial Court of Maine · 1905
- Standard Cigar Co. v. GoldsmithSuperior Court of Pennsylvania · 1914
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