Hobbs v. Francais
The Superior Court of New York City
The plaintiff moves for an injunction restraining the defendant from violating his trade mark. The plaintiff deposes that he and Bentham Fabian, under the firm name of Fabian & Co., in 1846, “ commenced the manufacture and sale, in the city of New York, of a certain powder for beautifying the complexion and skin;” that they then adopted as the name of the said article the words “Meen Fun;” and also devised a label with that name, and certain devices and trade marks upon it,…
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The plaintiff moves for an injunction restraining the defendant from violating his trade mark. The plaintiff deposes that he and Bentham Fabian, under the firm name of Fabian & Co., in 1846, “ commenced the manufacture and sale, in the city of New York, of a certain powder for beautifying the complexion and skin;” that they then adopted as the name of the said article the words “Meen Fun;” and also devised a label with that name, and certain devices and trade marks upon it, to put upon the boxes and packages containing said article so manufactured by them; that they sold said article under…
1Opinion of the Court
Bosworth, Chief Justice.
The plaintiff’s label is calculated to induce the belief, and probably was designed to induce the belief, that the article in the box on which it is pasted is manufactured in London; that the sole proprietors of it have their place of business at 24 Mark Lane, London; that it is intrinsically so excellent as to secure "the patronage of Her Majesty the Queen; and that the labels have paid the stamp duty required by some English statute.
The truth is, that it is made in New York, and that her majesty the queen is probably ignorant of its virtues, or even of its existence.
I…
2Cited by10 opinions
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- C. F. Simmons Medicine Co. v. Mansfield Drug Co.Tennessee Supreme Court · 1893
- Kenny v. Martin Gillet & Co.Court of Appeals of Maryland · 1889
- Joseph v. MacowskyCalifornia Supreme Court · 1892
- Wolfenstein v. Fashion Originators Guild of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
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