Globe-Wernicke Co. v. Safe-Cabinet Co.
Globe-Wernicke Co. v. Safe-Cabinet Co.
Opinion of the Court
It is hereby ordered that the judgments and decrees heretofore made and entered by this court herein be and they are hereby set aside and held for naught; coming now to enter the judgment and decree which should have been made and entered by the court of appeals upon the facts disclosed by the record and found by said court, it is hereby ordered, adjudged and decreed that the plaintiff in error, The Globe-Wernicke Company, either - directly or indirectly through its officers, agents, servants, attorneys and employes, and each and all of them, be and they hereby are forever and permanently enjoined and restrained, in connection with the sale or offering for sale, or advertising, of containers or cabinets which are or purport to be adapted for the filing and preservation of documents, papers or other articles, and which are now made or sold by the defendant in error, The Safe-Cabinet Company, from in any way, manner or form directly or indirectly making use of or employing or causing to be made use of or employed by the following, to-wit:
Containers or cabinets which in their collocation of shape, design and color, decoration or general appearance, so resemble the containers or cabinets heretofore sold or offered for sale by The Safe-Cabinet Company, defendant in error, or by The Globe-Wernicke Company, plaintiff ,i'n error,- as the same have been exemplified in this cause by exhibits marked “Plaintiff’s exhibit, Plaintiff’s cabinet,” and “Plaintiff’s exhibit, Defendant’s cabinet,” as to be calculated to mislead or deceive the public or intending purchasers of the defendant in error’s product into the mistaken belief that goods not made by it are in fact the product of The Safe-Cabinet Company, defendant in error;
From continuing to issue, publish or distribute a catalogue entitled “Plaintiff’s exhibit, defendant’s cabinet No. 911,” or any other circular or advertising matter calculated to mislead or deceive The Safe-Cabinet Company’s customers, intending purchasers, the public or the trade into the mistaken belief that the goods advertised by such circular or advertising matter are in fact the goods of The Safe-Cabinet Company, the defendant in error;
From palming off or passing off or substituting or attempting to palm off, pass off or substitute any containers or cabinets of like nature or purpose with those hereinbefore indicated, which are not made or sold by the defendant in error, The Safe-Cabinet Company, as and for the product of
It is further ordered that the Master heretofore designated and appointed by the court of appeals be and he hereby is directed to take the testimony of witnesses, make examination of all documents, books and papers that may in any manner aid or enable him to state an account between said parties, plaintiff in error and defendant in error, of the gains and profits made by The Globe-Wernicke Company, plaintiff in error, by reason of the sale by
Case-law data current through December 31, 2025. Source: CourtListener bulk data.