Gaines & Co. v. Sroufe

Citations

• 117 F. 965
• 1901 U.S. App. LEXIS 4755

Syllabus

<p>1. Trade-Marks—Suit for Infringement—Pleading.</p> <p>In a suit for an injunction to restrain infringement of a trade-mark, the facts which are essential to complainant’s right to relief, such as the existence of the trade-mark, the fact of an imitation by defendant, either actual or colorable, without complainant’s license or acquiescence, and the fact of registration, where that is essential, must be alleged positively, and not merely on information and belief; and, in general, all the facts which are necessarily within complainant’s knowledge should be so alleged.</p>