Lockwood v. Bostwick
New York Court of Common Pleas
This was a suit for an injunction to restrain the defendants from using a label bearing the name “ Bovina,” on the ground that it was an imitation of a label used by the plaintiffs, bearing the name “ Boviline” the labels having, also, otherwise, a close resemblance to each other. The case was tried before Daly, First Judge.
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This was a suit for an injunction to restrain the defendants from using a label bearing the name “ Bovina,” on the ground that it was an imitation of a label used by the plaintiffs, bearing the name “ Boviline” the labels having, also, otherwise, a close resemblance to each other. The case was tried before Daly, First Judge. The complaint set forth the following state of facts: That the plaintiffs composed the Gray’s Patent Steam Clarifying Association, and were the assignees of a company which owned the patent for a certain apparatus used for purifying lard and tallow, known as the Gray’s…
1Opinion of the Court
Daly, F. J.
The defendants were simply the servants of' the company during the period covered by the agreement. The transfer of the wood-cuts to the latter was simply to enable them to place the labels upon the pomade manufactured by *524them under the company’s supervision, and was.not intended to, and did not, have the effect of transferring to the defendants any property in the trade-mark. In fact the defendants by their own acts afterward acknowledged the company’s continuing ownership and right to use the trade-mark. An inspection of the two labels shows that the one afterward used by -the…
2Cited by11 opinions
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Williams v. FarrandMichigan Supreme Court · 1891
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- Glen Cove Manuf'g Co. v. LudelingU.S. Circuit Court for the District of Southern New York · 1885
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
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