Blackwell v. Dibrell
U.S. Circuit Court for the District of Eastern Virginia
[In chancery. Bill by W. T. Blackwell & Co. against W. E. Dibrell & Co. to enjoin the infringement of a trademark. Decree for perpetual injunction and for an accounting.] Some time before the year 1860 the North Carolina Railroad was laid off oyer the farm of Dr. Bartlett, Durham, in Orange county, North Carolina. A station was established there, and called Durham Station.
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[In chancery. Bill by W. T. Blackwell & Co. against W. E. Dibrell & Co. to enjoin the infringement of a trademark. Decree for perpetual injunction and for an accounting.] Some time before the year 1860 the North Carolina Railroad was laid off oyer the farm of Dr. Bartlett, Durham, in Orange county, North Carolina. A station was established there, and called Durham Station. This spot shortly became the seat of a small tobacco factory, a blacksmith shop, a tavern, and the residence of two of three families. It remained an insignificant place , until after the civil war, in 1865. It then began…
1Opinion of the Court
HUGHES, District Judge.
It is useless to review all the points relied upon by counsel on each side in their able arguments in the cause. I shall consider only those questions upon which, in my judgment, the case really turns.
I shall first deal with the objection of es-toppel, or res judicata, urged by each party against the other.
In order for one suit to constitute an es-toppel upon any party to another suit, four conditions must coexist, viz.: 1st. There must be an identity of the cause, of action. 2d. There must be an identity of parties to the suit. 3d. There must be an identity in the…
2Cases cited1 opinion
- Newman v. . AlvordNew York Court of Appeals · 1872
3Cited by4 opinions
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- O'Rourke v. Central City Soap Co.U.S. Circuit Court for the District of Eastern Michigan · 1885
- W. A. Gaines & Co. v. E. Whyte Grocery, Fruit & Wine Co.Missouri Court of Appeals · 1904