New York & R. Cement Co. v. Coplay Cement Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. The defendants manufactured and sold cement, which they denominated and put upon the market as “Anchor Rosendale Cement,” though made in Lehigh county, Pa., from stone quarried there. The complainants manufacture cement in the town of Rosendale, in the state of New York, where there are extensive quarries of cement rock, which are worked by some 15 or 20 different parties.
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In Equity. The defendants manufactured and sold cement, which they denominated and put upon the market as “Anchor Rosendale Cement,” though made in Lehigh county, Pa., from stone quarried there. The complainants manufacture cement in the town of Rosendale, in the state of New York, where there are extensive quarries of cement rock, which are worked by some 15 or 20 different parties. Some of these Ros-endale quarries have been worked for over half a century, but the complainants commenced their operations about 1874. The cement made in Rosendale and its vicinity has always been called…
1Opinion of the Court
Bradley, Justice,
(after stating the facts as above.) The relief sought is based on the charge that the denomination used is untrue, is calculated to deceive the public, and operates as an unfair and fraudulent competition against the business of the complainants. They do not pretend that they have any exclusive right to the use of the term “Rosendale,” since it is equally used by the other manufacturers 'of cement in the town, some of whom have establishments of much longer standing than that of the complainants ; but they insist that they have a right to use it, and to participate in the…
2Cited by14 opinions
- California Apparel Creators v. Wieder of California, Inc.Court of Appeals for the Second Circuit · 1947
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- Mutation Mink Breeders Ass'n v. Lou Nierenberg Corp.District Court, S.D. New York · 1959
- Ely-Norris Safe Co. v. Mosler Safe Co.Court of Appeals for the Second Circuit · 1925
- Advance Music Corp. v. American Tobacco Co.Appellate Division of the Supreme Court of the State of New York · 1945
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