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29 F. 91

Estes v. Leslie

United States Circuit Court for the Southern District of New York

Decided November 20, 1886.

United States Circuit Court for the Southern District of New York · decided 1886-11-20

<p>Trade-Mares—Infringement— “Chatter-Book”-—1“Chatter-Box.”</p> <p>The name “Chatter-book, ’’printed upon the cover of the defendants’ books of the juvenile character of the general appearance of the complainants’ books, being in the opinion of the court an imitation of tho name “Chatterbox,” which, by association, when used upon books of a juvenile character, points “distinctly to the origin or ownership” of the books to which it is applied, an injunction pendente lite is granted against its use.</p>

2 counsel of record

Key passage — most relied on by later courts

““The name ‘Chatter-Book,’ as printed upon the cover of the defendant’s books, is, in my opinion, an imitation of the name ‘Chatter-Box,’ which by association, when used upon books of a juvenile character, points ‘distinctively to the origin or ownership’ of the books to which it is applied; and the use by the defendants of the name ‘Chatter-Book’ upon the books which are represented by the exhibits in the case, the same being "books of a juvenile character, of the general appearance, style, and manner of cover of complainant’s books, should lie enjoined pendente lite.””

quoted by 1 later decision, including N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.

Relies on Estes v. Leslie

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-20

How this case has been cited

Cited by 4 later decisions — most recently January 1929

1 federal appellate · 2 district ·

2018861890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Trade-Mares—Infringement— “Chatter-Book”-—1“Chatter-Box.”

¶2The name “Chatter-book, ’’printed upon the cover of the defendants’ books of the juvenile character of the general appearance of the complainants’ books, being in the opinion of the court an imitation of tho name “Chatterbox,” which, by association, when used upon books of a juvenile character, points “distinctly to the origin or ownership” of the books to which it is applied, an injunction pendente lite is granted against its use.

¶3Motion for Preliminary Injunction.

¶4G. G. Frelinghuynen, for complainants.

¶5Fullerton & Rushnore, for defendants.

¶7Shipman, J.

¶8The name “Chatter-book,” as printed upon the cover of tho defendants’ books, is, in my opinion, an imitation of the name “Chatter-box,” which, by association, when used upon books of a juvenile character, points “distinctively to the origin or ownership” of *92the books to which it is applied; and the use by the defendants of the name “Chatter-book” upon the books which are represented by the exhibits in the case, the same being books of a juvenile character, of the general appearance, style, and manner of cover of complainants’' books, should be enjoined pendente lite.

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