New York Asbestos Manufacturing Co. v. New York Fireproof Covering Co.
This text of 62 N.Y.S. 339 (New York Asbestos Manufacturing Co. v. New York Fireproof Covering Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff company asks a preliminary injunction restraining the defendant from using the words “air cell” in connection with the manufacture and sale of fireproof covering or material, etc., on the grounds: (1) That there has been a violation of the plaintiff’s trade-mark “air cell”; and (2) that the defendant’s conduct in trade has been unfair and inequitable. The term “air cell” is descriptive, and not merely arbitrary or fanciful, and, as used by the plaintiff, is not the subject of a valid trade-mark. The consequences that have arisen, and of which the plaintiff complains, seem to be the natural results of fair competition, and not due to unfair dealing. Plaintiff’s equities are, at best, doubtful. The motion must therefore be denied.
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Cite This Page — Counsel Stack
62 N.Y.S. 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-asbestos-manufacturing-co-v-new-york-fireproof-covering-co-nysupct-1899.