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Benjamin Moore & Co. v. Auwell

172 F. 508, 1909 U.S. App. LEXIS 5721
CourtU.S. Circuit Court for the District of Eastern New York
DecidedJuly 30, 1909
StatusPublished
Cited by2 cases

This text of 172 F. 508 (Benjamin Moore & Co. v. Auwell) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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 &

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Cite This Page — Counsel Stack

Bluebook (online)
172 F. 508, 1909 U.S. App. LEXIS 5721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-moore-co-v-auwell-circtedny-1909.