Glendon Iron Co. v. Uhler
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northampton - county: In Equity : No. 18. to January Term 1874. This was a bill filed February 26th 1872, by the Glendon Iron Company against Peter Uhler and Henry Fulmer, partners, under the name of the Easton Manufacturing Company. The object of the bill was to restrain the defendants from using a trade-mark on their pig iron, which the plaintiffs claimed belonged to them.
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Appeal from the Court of Common Pleas of Northampton - county: In Equity : No. 18. to January Term 1874. This was a bill filed February 26th 1872, by the Glendon Iron Company against Peter Uhler and Henry Fulmer, partners, under the name of the Easton Manufacturing Company. The object of the bill was to restrain the defendants from using a trade-mark on their pig iron, which the plaintiffs claimed belonged to them. The bill set out that in 1844 a limited partnership was formed under the name of Charles Jackson, Jr., for making iron, and built a furnace in the township of Williams, in…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Mercur, J.
Glendon is the name of the town in which the business of each party is located and carried on. It is an incorporated borough. Being then the name of an incorporated town, the main question is whether the appellant lawfully has the exclusive right to use it as a trade-mark. It is conceded, as a general rule, that the name of a town or city cannot be so appropriated as the exclusive property of any one. This view is well sustained by authority: High on Injunctions 673; Bispham’s Eq. 411; Wolfe v. Goulard, 18 Howard’s Prac. Rep.…
2Cases cited1 opinion
- Brooklyn White Lead Co. v. MasuryNew York Supreme Court · 1857
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- Med-Mar, Inc. v. DILWORTHSuperior Court of Pennsylvania · 1969
- Piper v. Laughman, Pennsylvania Court of Common Pleas, Philadelphia County1889
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