Fischer v. Blank
New York Supreme Court
64 Hun 635, 19 N.Y.S. 65 (1892)
- Written by Sarah Hoffman, JD
Facts
Benedict Fischer (plaintiff) was the manufacturer of a brand of tea known as Black Package Tea. Fischer’s tea was packaged in a distinctive black wrapper with specific labels on it. The population it was marketed and sold to was largely illiterate, and the stores it was sold in were often poorly lit. Black Package Tea was popular and sold well. Berthold Blank (defendant) packaged and sold a lower quality tea in packaging nearly identical to that of Fischer’s Black Package Tea, though it did list Blank’s name on the wrapper. He also sold his tea to customers who had specifically requested Black Package Tea. Fischer filed suit against Blank, requesting an injunction against Blank using packaging similar to Black Package Tea packaging and asking for damages from lost profits. The lower court found in favor of Fischer, and Blank appealed.
Rule of Law
Issue
Holding and Reasoning (Andrews, J.)
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