New York County NyArchives Court.....Baeder, William Vs. Charles Baeder 1889
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Source: Reports Of Cases - New York
Written: 1889

First Department, March Term, 1889.

MEMORANDA OF CASES NOT REPORTED IN FULL.

WILLIAM A. BAEDER and H. R. KERN, Respondents, v. CHARLES B. BAEDER and Others, 
Appellants.

When an injunction will be granted to restrain the use of a trade-mark.

Appeal from an order of the New York Special Term, entered in the office of the 
clerk of the city and county of New York on July 26, 1888, continuing a 
preliminary injunction restraining the defendants from selling the goods 
manufactured by themselves as and for the goods manufactured by the plaintiffs, 
and from using, printing or stamping on any flint or sand-paper manufactured by 
them, or on the packages or coverings thereof, the words "Baeder's Flint Paper," 
or any words having such a resemblance to the words adopted by these plaintiffs 
as their business, name and trade-mark, and means of describing the first 
quality flint paper manufactured by them, to wit, "Baeder's Flint Paper Company, 
New York Flint Paper."

The court at General Term said: "The affidavits show that large sums of money 
have been expended by the plaintiffs in establishing the reputation of their 
flint paper, and that they have adopted for that purpose as a trade-mark the 
words 'The Baeder Flint Paper Company, New York.' Their first quality of flint 
paper bears the uniform stamp or mark of 'Baeder's Flint Paper Company Flint 
Paper,' and is well recognized in the market as paper of first quality and of 
established reputation.

The defendants also manufacture flint paper in the city of Philadelphia under 
the name of Baeder, Adamson & Co. It is shown that there is a practice prevalent 
among manufacturers to brand the first quality of their paper with the firm name 
and thus identify themselves with such superior products, while the second 
quality of flint paper commonly bears a different designation, such as star 
paper and the like. Some time prior to the month of March, 1888, the defendants 
Baeder, Adamson & Co. had marked their second-rate paper as flint paper 
manufactured at Riverside Flint Paper Mills, Philadelphia, with the cut of a 
star under the words 'flint paper.' At or about the last-mentioned time they 
changed such designation of their second-class paper so it should read as 
follows: 'Baeder's Flint Paper * Manufactured at Riverside Flint Paper Mills, 
Philadelphia, No. 1, Warranted.'

"It is asserted on the part of the plaintiffs, and the affidavits in their 
behalf support such contention, that this close imitation of the plaintiffs' 
trade name and their mark upon their goods was adopted for the purpose of 
deceiving the public and turning off upon purchasers a second-class paper which 
should appear to have been made by the plaintiffs themselves as their first-
class paper.

"This is the view taken by the learned judge at Special Term in denying the 
motion to dissolve the injunction; a perusal of the affidavits satisfies us that 
a proper case was made by the plaintiffs to restrain the defendants in 
conducting their business in the manner, as is above enjoined, until the trial 
of the action.

"It follows that the order appealed from should be affirmed, with ten dollars 
costs and disbursements."

John E. Parsons, for the appellants.

Mason W. Tyler, for the respondents.

Opinion by Macomber, J.; Van Brunt, P. J., and Brady, J., concurred.

Order affirmed, with ten dollars costs and disbursements.

Additional Comments:
Reports of Cases Heard and Determined in the Supreme Court of the State of New 
York. Marcus T. Hun, Reporter. Volume LIX, 1889, HUN 52. Banks & Company, 
Albany, NY. 1901.

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