Legal Opinion
American Tobacco Co. v. Polacsek
U.S. Circuit Court for the District of Southern New York
Decided May 5, 1909PublishedCited by 16 opinions
On Motion for a Preliminary Injunction.
1Opinion of the Court
COXE, Circuit Judge.
The bill alleges, and the affidavits sustain the allegation, that for over 60 years the complainant and its predecessors, from whom it derives title, had used as a trade-mark the words “Virgin Leaf” to designate a brand of fine cut tobacco, suitable for smoking and chewing, manufactured by them.
In 1863 David H. McAIpin, who founded the copartnership of D. H. McAIpin & Co., bought the trade-mark of John Cornish who *119originated it and transferred it and the good will of the business to the said firm. During the same year the package in which the tobacco was sold was altered…
2Cases cited3 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Hilson Co. v. FosterU.S. Circuit Court for the District of Southern New York · 1897
- Carroll v. ErtheilerUnited States Circuit Court · 1880
3Cited by16 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Ward Baking Co. v. Potter-Wrightington, Inc.Court of Appeals for the First Circuit · 1924
- Standard Oil Co. of New York v. Standard Oil Co. of Maine, Inc.District Court, D. Maine · 1930
- Adolf J. Mainzer, Inc. v. GruberthAppellate Division of the Supreme Court of the State of New York · 1932
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