Equity Jurisdiction, Waste And Nuisance : a Collection of Cases With Notes

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Newbey v. The Oregon Central R. R. Co., Deady 609, 1869; Goodyear Rubber Co. v. The Goodyear Rubber Mfg.
Co., 21 Fed. 276, 1884; Telephone Mfg. Co. of Sumter v. The Sumter Telephone Mfg. Co., 63 S. C. 313, 1901. In the following case the court refused the injunction, not thinking that the public would be deceived: The Hygeia Water & Ice Co. v. New York Hygeia Ice Co., 140 N. Y. 94, 1893.
144 INFRINGEMENT OF BUSINESS REPUTATION.
FORD v. FOSTER.
In the Court of Appeal in Chancery, 1872.
7 Chancer
...y Appeals 611 This was an appeal from a decree of Vice-Chancellor Bacon. 1 Sir W. M. James, L. J. : In this case the plaintiff com- plains of the defendants that they have invaded his trade mark. The plaintiff's case is that he, being a shirt-maker in London, invented a particular form of shirt, to which he gave the name of "Eureka," and that he used as a trade mark, which he affixed to the shirts, the words "Ford's Eureka Shirt;" and he complains that he having used this trade mark for several years, the Defendants have used the word "Eureka," affixing it to a shirt in exactly the same place as the Plaintiff affixed his mark; and that they have also used boxes containing small quantities of shirts, just as much as one purchaser would buy, with the mark "Foster, Porter, & Company's Improved Eureka." * * * The plaintiff makes this prima facie case — that he has a plain trade mark, a material and substantial part of which has been taken by the Defendants.

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