| Samuel Owen - 1847 - 490 sider
...cause is heard upon pleadings and proofs, Superior Court. — Braduer and others т. Jones, &c. of until the complainant has established his right by...habit of buying and using the matches, made and sold by the complainant, by inducing them to believe they are of his manufacture. I do not find it distinctly... | |
| Robert Henley Eden Baron Henley - 1852 - 770 sider
...complainant's trade-marks aro simulated, in such a manner as probably to deceive his customers, or tho patrons of his trade or business, the piracy should be checked at once, by injunction." give effect to the legal right, and to restrain, by means of the short process of an injunction, any... | |
| Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 sider
...established his right by an action at law. But if the court sees that the complainant's trade-marks are simulated, in such a manner as probably to deceive...the piracy should be checked at once by injunction. Chancery, 1847, Partridge «. Menck,* 2 Barb. Ch., 101 ; affirming SC, 2 Sandf. Ch., 622. 255. In trade-mark... | |
| 1869 - 820 sider
...sees that complainant's trademarks arc simulated in such a manner as probably to deceive customers or patrons of his trade or business, the piracy should be checked at once by injunction :" 4 McLean 519 ; 2 Barb. Ch. 103. The result is, that the judgment of the Circuit Court must be affirmed.... | |
| William Henry Browne - 1873 - 720 sider
...established his right by an action at law. But if the court sees that the complainant's trade-mark is simulated in such a manner as probably to deceive...the piracy should be checked at once by injunction. 1 § 387. Now, although a court will hold any imitation colorable which requires a careful inspection... | |
| 1875 - 842 sider
...But if the court sees that the complainant's trademarks are simulated in such a manner as prohably to deceive his customers, or the patrons of his trade...the piracy should be checked at once by injunction." 15. Words publici juris are the property of all, and tlieir use will not be enJoined against for the... | |
| 1901 - 1232 sider
...sees that complainant's trade-marks are simulated in such a manner as probably to deceive customers or patrons of his trade or business, the piracy should be checked at once by injunction.' " 44 Mo., loc. cit 178. The first crucial test is whether the trade-mark complained of is calculated... | |
| 1886 - 832 sider
...established his right by an action at law. But if the court sees that the complainant's trade-marks are simulated, in such a manner as probably to deceive...should be checked at once, by injunction. In this case, however, I am not satisfied that the label used by the defendants will probably have the effect to... | |
| 1888 - 864 sider
...complainant's trade-marks are simulated in such a manner as probably to deceive customers or patrons of hi» trade or business, the piracy should be checked at once by injunction ": Coffeen v. Brunton, 4 McLean, 519; Partridge v. Afenck, 2 Barb. Ch. 103 [47 Am. Dec. 281]. The result... | |
| |