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Benjamin Moore & Co. v. Auwell

172 F. 508, 1909 U.S. App. LEXIS 5721
U.S. Circuit Court for the District of Eastern New York·Decided July 30, 1909·Published·Cited by 2 cases

Opinion

CHATFIELD, District Judge.

The complainant corporation is a house of established reputation in the business of manufacturing and selling paints, painters’ supplies, wall finishes, kalsomines, etc. The firm was in business in New York City prior to the year 1892, and in August of that year made the'first sales shown in the record of a certain dry powder, composed of whiting, glue, and Irish moss, to be mixed with hot water and applied as a finish for interior walls and ceilings. The corporation has used the word “Muresco” from the year 1892 as the particular name of this wall finish. The introduction of the product was so successful that it seems to have attained the greatest sale of any one article of the kind in the United States. In the year 1895 or 1896 one of the selling agents of Benjamin Moore & Co. suggested the use of an anchor as a background or device with which to make a design of the word “Muresco,” and this suggestion was followed out. On the 30th of August, 1898, Benjamin Moore &

[509]

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Benjamin Moore & Co. v. Auwell, 172 F. 508, 1909 U.S. App. LEXIS 5721 (circtedny 1909).

172 F. 508 (Benjamin Moore & Co. v. Auwell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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