Legal Opinion

Fetridge v. Wells

The Superior Court of New York City

Decided January 15, 1857PublishedCited by 31 opinions

Motion to dissolve an injunction. This was an action for an injunction to restrain the defendants from using a trade-mark claimed by plaintiff. The plaintiff had purchased the recipe for making a certain cosmetic which he had for a long time sold under the name of —“ The Balm of Thousand Flowers.” The defendants had engaged in the manufacture and sale of a similar article, which he styled—“The Balm of Ten Thousand Flowers.”

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Motion to dissolve an injunction. This was an action for an injunction to restrain the defendants from using a trade-mark claimed by plaintiff. The plaintiff had purchased the recipe for making a certain cosmetic which he had for a long time sold under the name of —“ The Balm of Thousand Flowers.” The defendants had engaged in the manufacture and sale of a similar article, which he styled—“The Balm of Ten Thousand Flowers.” The plaintiff claimed title to the name used by him, as a trade-mark; and brought this suit to procure the defendants to be enjoined from employing any imitation of it. A…

1Opinion of the CourtDuer, J.

—This is a motion on the part of defendants to dissolve an injunction which was granted by Mr. Justice Hoffman, and by which the defendants are restrained from selling, or offering for sale, directly or indirectly, any preparation or compound manufactured by them, or by either of them, or by any person or persons other than the plaintiff or the firm of W. P. Fetridge & Co., under the name, &c., of “Balm of Thousand Flowers;” or selling, or offering for sale, any preparation or compound having printed, painted, written, or stamped on the bottles containing the same the words “Balm of Thousand…

2Cases cited1 opinion

  1. Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849

3Cited by31 opinions

  1. Worden v. California Fig Syrup Co.Supreme Court of the United States · 1903
  2. Caswell v. . DavisNew York Court of Appeals · 1874
  3. Selchow v. . BakerNew York Court of Appeals · 1883
  4. Falkinburg v. LucyCalifornia Supreme Court · 1868
  5. Newman v. AlvordNew York Supreme Court · 1867

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