Popham v. . Cole
New York Court of Appeals
Appeal, from order of the General Term of the Superior .Court of the city and county of Hew York reversing a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 6 j. & S., 274; 14 Abb. [H. S.], 206.) This action was brought for an alleged infringement of plaintiff’s trade-mark. ' Plaintiff was engaged in the business of refining and packing lard for transportation, as was also the defendants.
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Appeal, from order of the General Term of the Superior .Court of the city and county of Hew York reversing a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 6 j. & S., 274; 14 Abb. [H. S.], 206.) This action was brought for an alleged infringement of plaintiff’s trade-mark. ' Plaintiff was engaged in the business of refining and packing lard for transportation, as was also the defendants. JPlaintiff- claimed- the exclusive right to use in .his business, as a symbol or device; the figure of a hog, and asked that defendants he restrained…
1Opinion of the CourtAllen, J.
The evidence is that the imprint or picture , of a hog has been used for many years by dealers in the different products of that animal, as ham, bacon and lard, by being painted or stenciled upon the packages containing those dif •ferent articles; but it would seem that it was first used by being printed or stamped upon packages of refined lard by the plaintiff. That article does not differ essentially in appearance from crude lard, and the two can only be distinguished by experts. The refining of lard for market is of comparatively recent origin, and the process is principally resorted to…
2Cases cited3 opinions
- Caswell v. . DavisNew York Court of Appeals · 1874
- Stokes v. LandgraffNew York Supreme Court · 1853
- Partridge v. MenckNew York Court of Chancery · 1847
3Cited by22 opinions
- Mishawaka Rubber & Woolen Mfg. Co. v. S. S. Kresge Co.Court of Appeals for the Sixth Circuit · 1941
- Hier v. . AbrahamsNew York Court of Appeals · 1880
- Enoch Morgan's Sons Co. v. . TroxellNew York Court of Appeals · 1882
- Marshall v. PinkhamWisconsin Supreme Court · 1881
- Heinz v. Lutz Bros., Pennsylvania Court of Common Pleas, Alleghany County1892
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