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>
Judges: Hazel
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- Ark-Tenn Distributing Corp. v. Breidt Breidt Appeal of Breidt. Appeal of Ark-Tenn Distributing CorpThird Circuit· 1954-01-08· cited 31×
- Hitchcock v. American Plate Glass Co.Third Circuit· 1919-06-26· cited 20×
- Dishinger v. Bon Air Catering, Inc.Appellate Court of Illinois· 1949-03-08· cited 12×
- Crown Cork & Seal Co. v. Brooklyn Bottle Stopper Co.U.S. Circuit Court for the District of Eastern New York· 1909-07-15· cited 11×
- Prest-O-Lite Co. v. Acetylene Welding Co.D. New Jersey· 1916-08-08· cited 7×
- Fox Fur Co. v. Fox Fur Co.D. Delaware· 1945-03-23· cited 5×
- Harrington v. Atlantic & Pacific Telegraph Co.U.S. Circuit Court for the District of Southern New York· 1906-01-25· cited 4×
Cites
19 cases in this archive are cited by this case.
- Root v. Railway Co.Supreme Court· 1882-03-13· cited 285×
- Saxlehner v. Eisner & Mendelson Co.Supreme Court· 1900-10-15· cited 276×
- Mitchell v. HarmonySupreme Court· 1852-05-12· cited 173×
- Saxlehner v. Siegel-Cooper Co.Supreme Court· 1900-10-15· cited 41×
- Bowers v. Atlantic, G. & P. Co.U.S. Circuit Court for the District of Southern New York· 1900-11-22· cited 35×
- Walter Baker & Co. v. SandersSecond Circuit· 1897-05-26· cited 32×
- Hutter v. De Q. Bottle Stopper Co.Second Circuit· 1904-01-12· cited 30×
- Tootle v. ColemanEighth Circuit· 1901-03-31· cited 15×
- Alger v. AndersonU.S. Circuit Court for the District of Middle Tennessee· 1899-03-15· cited 14×
- Howard v. St. Paul Plow-WorksU.S. Circuit Court for the District of Minnesota· 1888-08-10· cited 13×
- Estes v. WorthingtonU.S. Circuit Court for the District of Southern New York· 1887-04-12· cited 12×
- Richardson v. KimballSupreme Judicial Court of Maine· 1848-05-15· cited 9×
- Peters v. Union Biscuit Co.U.S. Circuit Court for the District of Eastern Missouri· 1903-02-13· cited 9×
- Glucose Sugar Refining Co. v. St. Louis Syrup & Preserving Co.U.S. Circuit Court for the District of Eastern Missouri· 1905-02-25· cited 9×
- Mergenthaler Linotype Co. v. RidderU.S. Circuit Court for the District of Southern New York· 1895-01-31· cited 9×
- Boston Woven Hose Co. v. Star Rubber Co.U.S. Circuit Court for the District of New Jersey· 1889-06-19· cited 8×
- Fish Bros. Wagon Co. v. Fish Bros. Mfg. Co.Eighth Circuit· 1899-06-19· cited 7×
- Greene v. BuckleyU.S. Circuit Court for the District of Western New York· 1902-02-24· cited 5×
- Saxlehner v. Eisner & Mendelson Co.U.S. Circuit Court for the District of Southern New York· 1898-06-28· cited 4×
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