Flagg Manufacturing Co. v. Holway
Massachusetts Supreme Judicial Court
Bill in equity brought to restrain the defendant from selling zithers made in imitation of the plaintiff’s, filed December 14, 1899. In the Superior Court the case was referred to William A. Copeland, Esq., as special master, from whose report the following extracts are taken: The bill of complaint alleges that since May, 1897, the plaintiff has been engaged in the manufacture and sale of a certain kind of musical instrument known to the trade and public as the Regent…
Read the full summary
Bill in equity brought to restrain the defendant from selling zithers made in imitation of the plaintiff’s, filed December 14, 1899. In the Superior Court the case was referred to William A. Copeland, Esq., as special master, from whose report the following extracts are taken: The bill of complaint alleges that since May, 1897, the plaintiff has been engaged in the manufacture and sale of a certain kind of musical instrument known to the trade and public as the Regent zither, and has built up a lucrative trade in the same; that one of the distinguishing features of the Regent zithers is that…
1Opinion of the CourtHolmes, C. J.
This is a bill brought to restrain the defendant from selling zithers which imitate the plaintiff’s, or with strings arranged and spaced as the plaintiff’s strings are arranged and spaced, and specifically to restrain it from selling a particular form of zither heretofore sold by it and exhibited by the bill. The case was sent to a master, who reported what' is manifest on inspection, when the time of the respective manufactures is known, that the defendant deliberately copied the plaintiff's instrument in all essential and many non-essential details, adding that this was done for a wrongful…
2Cases cited3 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
- Dover Stamping Co. v. FellowsMassachusetts Supreme Judicial Court · 1895
3Cited by59 opinions
- Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
- Pagliero v. Wallace China Co., LimitedCourt of Appeals for the Ninth Circuit · 1952
- Warner Bros. Inc. v. Gay Toys, Inc.Court of Appeals for the Second Circuit · 1983
- Audio Fidelity, Inc., a Corporation v. High Fidelity Recordings, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1960
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
54 more not listed; retrieve them via the Exa API.