Joseph

Joseph v. Macowsky

Good Law
1892 Cal. LEXIS 988·19 L.R.A. 53·96 Cal. 518·31 P. 914
Supreme Court of CaliforniaNovember 30, 1892No. 14595California936 words

Opinion

Lead Opinion

Paterson, J.

— This action was brought to restrain the defendant from making or selling any razor having a stamp thereon, or upon the case thereof, showing the words “ Queen’s Own,” or the words “ Queen’s Own Co.”

The plaintiff alleged that he had been for many years importing razors, which he had caused to be manufactured in England; and in order that said razors might become known in the market and easily identified, and their origin known, he had caused each one of them to be stamped upon the “tang,” which is the thick part of the razor blade back of the cutting part, with the words, “ Queen’s Own Co.” He alleged that on account of said trade-mark the razors had become known in the commercial world as the “Queen’s Own” razors, and had acquired great reputation with the public for excellence of quality; that the defendant had been selling razors which were marked in conspicuous letters upon the blade thereof, “ Queen’s Own”; and that the imitations were calculated to deceive those desiring to purchase plaintiff’s razors. The court found that all of the razors offered for sale by the plaintiff have stamped upon the shank on one side the words “ Queen’s Own Co., Sheffield”; that in point of…

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