Legal Opinion
Capewell Horse Nail Co. v. Putnam Nail Co.
U.S. Circuit Court for the District of Massachusetts
Decided November 8, 1905No. 1,765PublishedCited by 5 opinions
In Equity. Suit for infringement of trade-mark and unfair competition.
1Opinion of the Court
COLT, Circuit Judge.
This suit relates to a trade-mark. The parties are manufacturers of cold-rolled horseshoe nails. The complainant claims a trade-mark in the pattern impressed upon the front face of the head of each nail. The pattern is first imprinted on the face of one of the heading dies, and the impression on the nail is made during the operation of heading. This pattern consists of a series of small diamond-shaped checks formed by a succession of intersecting diagonal lines. The pattern itself is old. It is, perhaps, the most common form of “knurling” or roughening the surface of…
2Cases cited1 opinion
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
3Cited by5 opinions
- Capewell Horse Nail Co. v. MooneyCourt of Appeals for the Second Circuit · 1909
- Capewell Horse Nail Co. v. MooneyU.S. Circuit Court for the District of Northern New York · 1909
- Springfield Fire & Marine Ins. v. Founders' Fire & Marine Ins.District Court, N.D. California · 1953
- Capewell Horse Nail Co. v. GreenCourt of Appeals for the Second Circuit · 1911
- Horlick's Malted Milk Co. v. A. Spiegel Co.Wisconsin Supreme Court · 1913