Blackwell Durham Tobacco Co. v. McElwee
Supreme Court of North Carolina
Motion to dissolve a restraining order, theretofore granted in a civil ACTION, pending in the Superior Court of Durham county, heard before Shepherd, Judge, at Chambers, in Louisburg, on the 1st of May, 1885. His Honor continued the injunction to the hearing, and the defendant appealed. The facts appear in the opinion.
1Opinion of the CourtSmith, C. J.
The present action, begun on April 11th, 1885, is prosecuted for the two-fold purpose of restraining the further use by the defendant of a trade mark or device, in which the plaintiff claims an exclusive proprietary right, upon packages and boxes of tobacco of defendant’s own manufacture, and to recover damages for its past unauthorized use. The plaintiff’s trade-mark, shown in an .exhibit accompanying the complaint, is impressed upon smooth polished paper, of a peculiar color, in gilt letters, forming the sentence, “Genuine Durham Smoking Tobacco,” the first two words above, and the last two…
2Cases cited7 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Williams v. . ClouseSupreme Court of North Carolina · 1884
- Blackwell v. . WrightSupreme Court of North Carolina · 1875
- Howerton v. . SpragueSupreme Court of North Carolina · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Cook v. . CookSupreme Court of North Carolina · 1912
- Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
- Sanders v. Rocky Mount Insurance & Realty Co.Supreme Court of North Carolina · 1922
18 more not listed; retrieve them via the Exa API.