Waterproofing Co. v. Hydrolithic Cement Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, The Waterproofing Company, and the defendant, the Hydrolithio Cement Company, from a judgment of the Supreme Court, entered in the office of the clerk of- the county of New York on the 9 th day of March, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint and a counterclaim herein.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity to enjoin the use of a trade mark or trade name and trade label alleged to belong to the plaintiff, and to enjoin unfair competition. The plaintiff and defendant are domestic corporations. On the 1st day of January, 1906, plaintiff entered into an agreement in writing with the E. J. Winslow Company, an Illinois corporation, which had an .established business in Chicago and elsewhere, described in the contract as “ consisting of waterproofing and damp-proofing of concrete or masonry walls, foundations, basements, tunnels, *49etc., with especially prepared…
2Cases cited2 opinions
- Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912
- Cutter v. . Gudebrod Brothers Co.New York Court of Appeals · 1901
3Cited by3 opinions
- Mulhens A. Kropff, Inc. v. Ferd Muelhens, Inc.District Court, S.D. New York · 1929
- Ramazzotti v. Banfi Products Corp.New York Supreme Court · 1966
- Nercessian v. Homasian Carpet Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1982