Alfred H. Burt, Respondents v. William W. Smith, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division's order granting a new trial and affirmed the trial court's nonsuit, holding that the plaintiff failed to show a lack of probable cause in the earlier trademark infringement suit. The court explained that a preliminary injunction is only prima facie evidence of probable cause and that the burden rests on the plaintiff to overcome that inference.