New-York tribune., 1867-05-31

Ames agt Ames-Motion granted for reference
Before Justice MILLER.
d. C. W. Smith ct al agt Cbas MeLen et etaL-Juos'non'
ordered.
COURT or COMMON PLEAs-SPEcIAL TERM-MAr so--
Before Judge DAILY
WHAT CONSTITUTES A OBSERVATION-DISCLOSURES DE-
CIsIoN TO MANUFACTURERS; ,..,...
In 1857 James T.. A.. Gibbs of Virginia, invented
the mechanism of a new sewing-machne tho prominenf
characteristic Of which was that 1t required tne use Oh
but a gle needle and thread. That heght associate
his name permanently with this invention lie conStree0
the machine in the form of the capital letter o. OF se
the market, and by advertising it as the letter ma
chine and 5 e fon'tanf gse Vi wh the achSs
claimed to have adopted and appropriated the
for he trade mark and symbol Of the business In
sequence of the prejudice then existing against single
cipally used) the OF the machine In question we're
bor considerable period, comparatively few In numDerl
fully established and IL became popularly known az the
Z" letter G, well as the "WcOS and Gibbs machihe.
The cOmpainant's company organized to meet th4
demands OF the increasing business anu scceened 70 az
the rights of the original owners inedug & S s.r tSs
success Became an established fact the defendant intro
@WiIleox and Gibbs" which so closely rcsembled ths
letter @" form. that upon an ordinary inspectlon
OF purchaser 1t would be readily taken ior NJ tat ts
defendant established agencies and advertised MS ms
chine and pushed its sale in this form for the purpose Oh
awaiting himself OF the reputation anu gIeSS Tt t "a
chine sell ms which was greatly INFERIOR 70 tsts'
in mechanical construction cost H. a1d % rSJ renance In
fact and that it was principally through ths sii"IT ~
defendant
that when put 70 practical il failed 20 90 It's work
ana that on account resemblance and the course o.
Its were Tputed to the genuine letter G" machine.
greatly to the injury of its reputation and the PLANTING
above the substance OF those ON which the panns TO
Inon these facts and the Of order 20 show
cause why an injunction should not issue L. T. Cnten. Ten
ae eSI had not only established the oi
their machine, their trademark Dut hiu aISV
shed the exclusive right to the OF the capita RoDa9
letter q as their trademark and the symbol and deVce os
tbcir business that Gibbs the first person VINO hao
ever made sewing IN the FORM OF Is SttS.. t
and that himself and successors had apprQprlatcd tns
letter itself well as the special i9rn Oh e & ah n
openly and unnterruptedly for than eght ycars
al % that all the facts existed necessary cons
ue il trademark, aud that the defendant had no o,s
name of Gibbs that his Of IL either In the form OF
sewing machine, in the way OF representatloh Luz
constIction OF machine IN this Orm the use OF tbs
Letter G I'm connection with the business as trademark
operated mslead the public ana seriously III nS ,s
Utility in any particular form, the resemblance when ds
endants machine bore to ~ SdSfenSaS l
entiOn 10 avail himself OF the reputation oI te nncok
Gibbs machine ana 70 induce pCovd he sssgDSd fos
the similarity and that this fact alone uneHpaneu va
hh an nitv gonld restrain While therefore, he did
f seek To- restrain the defendant from the sale OF any
oer form he insisted that no ought to be enJolned
Trst. From maling or selling any machine ~ me Jorns
SeoI From representing that any machine so mads
hv him was the manufacture Of tho plantiil, OF hotn
ysng any devices or tokens TO induce sueh beile1
Third From using the letter u as tfaueharh uoeoos
| or token In connection with any sowing lhaenue W
Tbe foIowInS order was made by Judge DAILY In the
Tpon motion OF L. f. Chttendon esq. OF counsel fos
the cOmpainants, this Court doth hereby st,oS ,
and enion the said defendant Joseph W. Bartlett, ana
each and every OF his servants and agents ana al per
sons acting under his authority or control OF W nus V0n h
sent or permission from counterfetng OF initiating me
trade mark, device, symbol OF the copisneS' "a 20
scred and figured in the said complaint SO deyse1 aho
drst used by said Gibbs and applied TO the WILCOX ooos
| Sewing Machine and now owned by the complalnSns1s
and from using permitting any other person 70 uso -
aT,e either "a form for a sowing gmachne or rs tisde'
mark device symbol or or IN cOhnSctioh WIN A
ness OF making selling sewing machines ana rom sou
holding out the public any other Iorin SOY & ~. t
Claiming pretending or holding cut TO the pubic any
other FORM style, figure OF sowing nacn as ,o s -
Roman letter G. or any imitation thereof as
trademark device. symbol for sewing glnaSnhe os
the business of making or selling sewing acoS m ~
| fed or set aside by competent anvnop,y' ny
| Before Judge BRADY
| DECISIONS.
| Ballouhey agt. Cardot -OTster settled.
| McCelland agt. Hope.-0rdor settled
| 0" "e Before Judge DAILY.
Barnard agt. stetthemer 500 memSrsnd'n1i M, o.o
| Mason agt. Attonham.-Refefred 10 4 N H'"e' e's
SUPERIOR COURT-SFEcIAL TERh-hAf S"-o0'A'
| Judge GARyiS
| DECISIONS. =, ,,,. -
Rudolph A. Witthaus ct al ae1 Henfy . i'''nA'
Motion granted , 1,se Thrd.ave Railroad Company
Csc sCsted and papers in Clerk once H., motios
| "JkpchISad G.. Armour ast. JULIUS HHr"
gsntsaD gTbds Dusenbury ag Samuel ssatea so
adam O. Boutetnan agt. charles ioStor
| granted. ,., r,s,,sa ZONES
| Ihos B. Barnaby agt. Henry T. hopo ~o''''
cOrrRT CALENDAR-THs DAY 49,, r..
.r,peyp coI,RTH HtrpcSir-YsRr LMuskRL O'st Aa' fss
| eUPRhhS Uo0" miner ara Short Causes -. 80, n.,,o.
|