Taendsticksfabriks Akticbolagat Vulcan v. Myers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 3, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to obtain an injunction restraining the defendants from an alleged infringing upon plaintiff’s trade mark. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 3, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to obtain an injunction restraining the defendants from an alleged infringing upon plaintiff’s trade mark. The facts, so far as material, are stated in the opinion. Where the trade mark consists of pictures, symbols or a peculiar form or fashion of label, to constitute an infringement there must be such an imitation as to…
1Opinion of the CourtMaynard, J.
The plaintiff is a Swedish corporation ■engaged in the manufacture of matches, and is entitled to the exclusive use of a trade mark consisting of a label affixed to a small rectangular box containing the matches, and having printed or stamped upon it in red colors the words, “ The Yulian,” over a globe, upon each side of which are the representations of three medals awarded to the plaintiff at the Swedish ■exhibition at Gothenburg, in 1871, at the Eussian exhibition ■at Moscow, in 1872, and at the Austrian exhibition at Yienna, in 1873, the obverse and reverse surfaces of the medals being…
2Cases cited1 opinion
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
3Cited by81 opinions
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
- Fuller v. HuffCourt of Appeals for the Second Circuit · 1900
- Dell Publishing Co. v. Stanley Publications, Inc.New York Court of Appeals · 1961
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