Devlin v. Peek

U.S. Circuit Court for the District of Southern New York

Devlin v. Peek

122 F. 1022, 1903 U.S. App. LEXIS 4877

U.S. Circuit Court for the District of Southern New York·Decided May 2, 1903·Published

Opinion

LACOMBE, Circuit Judge.

In view of the conditions of the business of making and selling toothache specific, in the dress of which so many samples have been presented on the motion, during the past few years, I am clearly of opinion that a preliminary injunction should not be granted. Where the field has been so fully occupied by goods so similar in appearance to complainant’s, he should wait until final hearing for a determination as to his rights. The motion is denied, and the temporary restraining order vacated.

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LACOMBE, Circuit Judge.

In view of the conditions of the business of making and selling toothache specific, in the dress of which so many samples have been presented on the motion, during the past few years, I am clearly of opinion that a preliminary injunction should not be granted. Where the field has been so fully occupied by goods so similar in appearance to complainant’s, he should wait until final hearing for a determination as to his rights. The motion is denied, and the temporary restraining order vacated.

Devlin v. Peek, 122 F. 1022, 1903 U.S. App. LEXIS 4877 (circtsdny 1903).

Pincite

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