Saxlehner v. Eisner

Citations

• 140 F. 938
• 1905 U.S. App. LEXIS 4859

Syllabus

<p>1. Trade-Marks — Suit por Infringement — Jurisdiction op Equity.</p> <p>Tbe fact that the infringement of a trade-mark had ceased before the commencement of a suit in equity therefor does not deprive the court of jurisdiction, where the bill alleges a threatened and intended continuance of such infringement, which allegation was justified by the facts.</p> <p>[Ed. Note. — For cases in point, see vol. 27, Cent. Dig. Injunction, §§ 9, 10; vol. 46, Cent. Dig. Trade-Marks and Trade-Names, § 89.]</p> <p>2. Same — Infringement by Corporation — Liability op Executive Officers.-</p> <p>The executive officers of a corporation, who were large stockholders, and had full management of its affairs, and instigated and controlled its action °in willfully infringing complainant’s trade-mark ánd simulating her labels, are jointly and severally liable with it for the infringement; and, where they directed and controlled its defense when sued therefor, the final decree in the suit is conclusive on them as to the matters adjudicated, including the damages found due complainant on an accounting, and a suit will lie against them to recover the amount of such decree from them individually, when, through their control and influence, they caused the corporation to transfer its property and to declare and pay dividends pending the suit against it, by which it was rendered insolvent</p>