Legal Opinion

Derringer v. Plate

California Supreme Court

Decided July 1, 1865PublishedCited by 25 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff averred that he was a resident of Philadelphia, and upwards of thirty years ago invented a pistol known as Derringer’s pistol, and adopted as a trade mark for the same the words, “Derringer, Philadel.,” which was and ever since had been his trade mark, and-which he had caused to be stamped on the breech of all pistols manufactured and sold by -him, and that the…

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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff averred that he was a resident of Philadelphia, and upwards of thirty years ago invented a pistol known as Derringer’s pistol, and adopted as a trade mark for the same the words, “Derringer, Philadel.,” which was and ever since had been his trade mark, and-which he had caused to be stamped on the breech of all pistols manufactured and sold by -him, and that the defendant since 1858 had been engaged in the manufacture of pistols at San Francisco similar to plaintiff’s, on the breech of…

1Opinion of the Court

By the Court, Rhodes, J.

This is a suit in equity for an injunction to restrain the defendant from pirating the plaintiff’s trade mark, and for the recovery of damages for a violation of the plaintiff’s trade mark property.'

The defendant’s demurrer to the complaint was sustained, and the only question presented on the appeal is whether the statute of 1863, concerning trade marks, repealed or abrogated the remedies afforded by the common law in trade mark cases. The plaintiff does not allege a compliance with the provisions of the statute. He contends that the remedies given by the statute are…

2Cited by25 opinions

  1. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
  2. Williams v. FarrandMichigan Supreme Court · 1891
  3. Grupo Gigante Sa De Cv Gigante Sa De Cv Gigante Holding International, Plaintiffs-Counter-Defendants-Appellees v. Dallo & Co., Inc. Michael, Dallo Rafid Dallo Douray Dallo Louis Dallo Chris Dallo, and Md & Cd Llc, Profile Llc, Defendant-Counter-Claimant-Appellant. Grupo Gigante Sa De Cv Gigante Sa De Cv Gigante Holding International, Plaintiffs-Counter-Defendants-Appellants v. Dallo & Co., Inc. Michael Dallo Rafid Dallo Douray Dallo Louis Dallo Chris Dallo, and Md & Cd Llc, Profile Llc, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 2004
  4. Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
  5. Grupo Gigante SA De CV v. Dallo & Co.Court of Appeals for the Ninth Circuit · 2004

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