New York Consolidated Card Co. v. Union Playing Card Co.

Daniels, J.:

The action was brought to restrain the use of a trade-mark impressed upon the backs of playing cards manufactured by the plaintiff, and for an accounting of the gains and profits derived by the defendant from the sale of cards alleged to have been impressed in the similitude of those of the plaintiff. The center piece of the device impressed upon the cards differed, but upon removing the center piece the residue of the impression upon the c.aid, both in color and design, manufactured and sold by the defendant, was similar to that of the plaintiff. Sufficiently so probably to…