New-York daily tribune., 1856-03-29


SUPREME CoURT-SPEcIAL TERN-MAscH 1855.
MOTION FoR ISJUScrIos-IMPoRTAN DEcisloS sus-
TNNrSG The RIGHTS or MERCHANTS AND MANU-
TAcTUBERs TO THEIR TRADEMARKS AND LABELS.
india Rubber Comb Company syt- William TssSes.
Th.w seton brought By the plsiaf to restrain the
6eendsnt from u.s he plaintiffs snd labels
fraudulent simulated resembsces and natogs OF ne
sre On fpg the complaint aa order Of the Court OBJ
ts.ued requiring the 70 show why
should be Issued forodng the OF the ad
IeainrS him tom such use defeSdant put IL answer
and produced adsvs il support OF the course pursued
by him end seeking justify it not uawaTrantable inter
terence with the plaltih' rshts ..,. ...
spreaed that the plaintiff had the eEe.asye fns oi
iscurnz Indid combs OF the descriptions "
that the defendant sd Aoys combs made to resemble In so.o
sFs ard shape the rubber combs. .nd & Rqt W ~
ia boxes tia, the Psf had certain stamps on it' CON
combs Int. Rubber Comb Co." and displayed ms 4ees IN
the type order and Arrangement with the Pann
place Of the plaintiffs words It's labels The nds hnooer
Comb Congsy" Various other special limitations Of me
sbe Il also ap cared that The sndan had boxes
made and labels be printed the pattern ot the
lie p.u,ia moved special injunction which the
ioTf yas Juce-t appears that upon the general
principles spplesbs to cases Of this ceseP on a. we Is %
e follow facts rp-ar: Afte the plaintiffs obtained their
rght from Goodyear Iacture lnia-rnobct COMBS u1e
h stent they sdopel form f boxes color Of the peper ana
the sbes wih the design snd inscription aereug
In some PARTICULAR Viz: form OF to1e' snd eo.of o ns
have employe had bse before n us a. 70 horn
combs also that the emblem OF device oi colD On
ihe outside C the box used Bu n ay sfiic t9e
labels tie Plaintiff distinct fron all oteF, u
u and Afe such adoption AID those Of tae deieoA'
fabricated. - =.
clear that the label Of the defendant means 20
represent that he article Rubber Comb OF sode
Either The lna species e rubber il the title OF me Com
reuy. In either points the article a. hno0ei shd
In this particular is untrue. After the wurd ta assn
period II connects with Rubber and qasiaes 'ha' "O
sTct ard proper construction But nte9ael snl
asserted 70 represent the word fnitaGr be position = 20
defendant, elaborate and srtlnc-i env W o
the letters Gf abrcge never eoa DC 1e
yised IL would tear ccutrvaDce on re isce -, -.
In Truth the Laura IL ference CT any one UnD
the label the boxes the defendant especially on tne
comb boxes would be the word iadtd Ts ntehaea
st Of printing h.1 occurred Tne ohs e0ifesona
ences would strcT gtAen this idea IL.
Tie coed and honesty OF ne Vnos inAte
ia this. that Il tie defendant meant TO se!l 70
hon imitation respect Of India hagoet ne
have plainly and uEmist4ksby 90 expressed IL He
sell sde Of Rubber all he deei'ed the kl0 A-o ~
scbene seh merely 10 deceive the Puo O1' ~ ~ i'
the plaintiff -, - II -,
the AFFIDAVIT Of the clerk Of the box-msEes and o. tn
rtirer Of the lsbes establish DotwhstAncng the quAhe
on the defepdsnts sdss that the defendant
had bis to1es and labels msnvcf1ed 80 - :. eh
;. could be. those Of the psintifs , -.
The upon this subject been thoroughly iny
in Court that refer TO any cases ereepe tAs
| of Gilio,t ketsie. IS Duer. etAl -, -, - n 81
Ths insunen'n granted extend, to Proaaou zoe 3's ~