Putnam Nail Co. v. Dulaney
Citations
- 140 Pa. 205
- 21 A. 391
- 1891 Pa. LEXIS 829
Syllabus
<p>1. While a manufacturer will be restrained, from selling his own products, as and for those of another, by means of a trade-mark in imitation of the trade-mark of such other person, the mere manufacture and sale of an unpatented article, though made in precise imitation of another manufacturer’s product, will not be enjoined.</p> <p>2. The bronzing of horse-shoe nails cannot constitute a trade-mark; wherefore,-a bill averring that the plaintiff had adopted a bronze coating to distinguish a certain grade of nails of its manufacture, and charging that the defendant had imitated the same, to deceive purchasers and pass his goods off for those of the plaintiff, was properly dismissed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing petition for review in the nature of a mandamus action not filed within six months of the official’s duty to act
- dismissing petition for review in the nature of a mandamus action not filed within six months of the official’s duty to act
- characterizing as “totally without merit” the argument that an ongoing constitutional violation tolled the statute of limitations, emphasizing that “[a]ccrual occurs at the time when the plaintiff could have first maintained the action to a successful conclusion”
- “[T]he six-month limitations period was controlling in the instant suit, because it was commenced as an action in mandamus.”
- “[T]he six-month limitations period was controlling in the instant suit, because it was commenced as an action in mandamus.”
- succinctly rejecting as “totally without merit” a plaintiff’s argument that a continuing constitutional violation tolled the statute of limitations because “[a]ccrual occurs at the time when the plaintiff could have first maintained the action to a successful conclusion”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, McCollum, Mitchell, Paxson, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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