Luyties v. Hollender

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

Luyties v. Hollender

21 F. 281, 22 Blatchf. 413, 1884 U.S. App. LEXIS 2370

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

DecidedAugust 9, 1884

StatusPublished

Cited by3 cases

This text of 21 F. 281 (Luyties v. Hollender) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Luyties v. Hollender, 21 F. 281, 22 Blatchf. 413, 1884 U.S. App. LEXIS 2370 (circtsdny 1884).

Pincite

Opinion

Wheeler, J.

Eights and remedies pertaining to trade-marks generally depend upon the laws of the state, common and statutory, and not upon the laws of the United States. Trade-mark Cases, 100 U. S. 82. The laws of the United States now in force, under which this trade-mark was registered, relate only to trade-marks specially used in commerce with foreign nations, or with the Indian tribes. Act of March 3, 1881, (21 St. at Large, c. 137, § 1.) They are particularly restricted so as not to give cognizance to any court of the United States in an action or suit between citizens of the same state, unless the trade-mark in controversy is used on goods intended to be transported to a foreign country, or in lawful commercial intercourse with an Indian tribe. Id. § 11. Tho goods on which the trademark in question is used are not intended to be transported to any foreign country, nor for any Indian tribe, but are mineral waters sold for consumption in the city of New York; and the parties are all citizens of the state of New York.

As this case is now presented, the orators are not entitled to maintain it in this court, and this motion for a preliminary injunction must he denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Wheeler, J.

Eights and remedies pertaining to trade-marks generally depend upon the laws of the state, common and statutory, and not upon the laws of the United States. Trade-mark Cases, 100 U. S. 82. The laws of the United States now in force, under which this trade-mark was registered, relate only to trade-marks specially used in commerce with foreign nations, or with the Indian tribes. Act of March 3, 1881, (21 St. at Large, c. 137, § 1.) They are particularly restricted so as not to give cognizance to any court of the United States in an action or suit between citizens of the same state, unless the trade-mark in controversy is used on goods intended to be transported to a foreign country, or in lawful commercial intercourse with an Indian tribe. Id. § 11. Tho goods on which the trademark in question is used are not intended to be transported to any foreign country, nor for any Indian tribe, but are mineral waters sold for consumption in the city of New York; and the parties are all citizens of the state of New York.

As this case is now presented, the orators are not entitled to maintain it in this court, and this motion for a preliminary injunction must he denied.

Cite This Page — Counsel Stack

Bluebook (online)

21 F. 281, 22 Blatchf. 413, 1884 U.S. App. LEXIS 2370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luyties-v-hollender-circtsdny-1884.

Opinion

Related

Cite This Page — Counsel Stack