Pittsburgh Brass Co. v. Adler

Citations

• 2 Monag. 235
• 1889 Pa. LEXIS 1356

Syllabus

<p>A bill in equity to enforce contract for sale of patents for the manufacture of brass sheet-metal fenders, averred that defendant represented that, by a purchase of his patents, plaintiffs would acquire a monopoly of making fenders, but that he had, since the sale of his patents to them, begun the manufacture and sale of fenders in competition with them; and prayed for an injunction, and a decree that the defendant assign all new patents since granted to him. The master found in favor of the plaintiffs, but the court sustained certain exceptions to the master’s report and entered a partial decree for the defendants, holding that the evidence failed to establish the alleged representations and, moreover, that such a contract in restraint of trade would be void as against public policy. Held, that the decree of the court below should be affirmed.</p> <p>In the above case, the court held that the use of defendant’s name, in connection with metal fenders, had become a valuable trade-mark and that, under the agreements, the plaintiffs were entitled to its exclusive use. A decree having been entered restraining defendant from using the name as a trademark, but dismissing the other prayers of the bill, the costs, which had been increased by the taking of a large amount of irrelevant testimony, were ordered to be paid equally by plaintiff and defendant.</p>