2 Barb. Ch. 101 | New York Court of Chancery | 1847
Since the decision of this court in the case of Taylor v. Carpenter, (11 Paige's Rep.)
In many cases it may be difficult to determine whether the complainant’s sign, or trade-mark, has been actually pirated in such a manner as to be likely to deceive and impose upon Ms customers, or the patrons of Ms manufacture, trade or business. And in cases of doubt the court should not grant or sustain an injunction, until the cause is heard upon pleadings and proofs, or until the complainant has established Ms right by an action at law. But if the court sees that the complainant’s trademarks are simulated,-in such a manner as probably to deceive his customers, of the patrons of his trade or business, the piracy 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 deceive and impose upon those who are in the habit of buying and using the matches made and sold by the complainant; by inducing them to believe the matches of these defendants are of his manufacture.
It is not necessary that I should notice all the differences in appearance between the defendants’ label and the second label of the complainant. It is sufficient to say that the word “ GOLSH” does not appear upon the complainant’s second label, below the cover of the box; and that the only words upon that label, below such cover and above the bee-hive, are “ MATCHES without sulphur.” But neither of these words appears upon the defendants’ label below the cover; and the two last words are not to be found upon any part of their label. The only real resemblance between the complainant’s second label and the defendants’ label, either with or without removing the covers from the boxes, is in the bee-hives, and in the black ground upon which the words and figures of the labels appear.
The vice chancellor was, therefore, right in refusing to retain the injunction. And the order appealed from must be affirmed, with costs.
Subsequent to the filing of the bill in this court, in the case of Taylor v. Carpenter, a suit between the same parties, was instituted, in the circuit court of the United States in Massachusetts, on the equity side of the court. Judge Story decreed a perpetual injunction, with costs. Taylor and others v. Carpenter, Nov. 1844,
See Coats v. Holbrook, (2 Sand. Ch. Rep. 586;) cases referred to in note, (Id. 599;) and Spottiswoode v. Clarke, (Id. 628.) See also Snowden v. Noah, Hopk. Ch. Rep. 347;) Bell v. Locke, (8 Paige, 75;) Seely v. Fisher, (11 Sim. 581;) and Motley v. Downman, (3 My. & Craig, 1.)