PONTEFACT et al. v. ISENBERGER.
(Circuit Court, S. D. New York.
December 21, 1900.)
Trade-Marks — Injunction.
Where plaintiffs have the sole right to use the trade-mark “Golden Wedding,” as applied to whisky of their production, defendant will be restrained from refilling plaintiffs’ barrels carrying such trade-mark, to palm off his product as that of the pilaintiils.
In Equity.
A. H. Clarke, for plaintiffs.
Rose & I’utzel, for defendant.
[MAJORITY — WHEELER, District Judge.]
WHEELER, District Judge.
This cause has been submitted upon an agreed s tat ('men I: of facts. It shows that the plaintiffs have the sole right to the use of the trade-mark “Golden Wedding,” as applied to the whisky of their production, and that the defendant has refilled the plaintiffs’ barrels carrying the trade-mark, to palm off his product as that of the plaintiffs. The plaintiffs are, therefore, entitled to a decree according to the terms of the stipulation. Decree for plaintiffs for $350, according to stipulation.