American Thermos Bottle Co. v. W. T. Grant Co.
District Court, D. Massachusetts
In Equity. Suit by the American Thermos Bottle Company against the W.-T. Grant Company.
1Opinion of the Court
ANDERSON, Circuit Judge.
1. This is a trade-mark infringement case. On June 27, 1921, the parties stipulated, inter alia, that the plaintiff is the owner of the trade-mark “Thermos” for “double-walled vacuum vessels with vacuum between the walls,” etc., duly registered in the United States Patent Office January 7, 1908, certificate 67,002. Belatedly defendant’s counsel suggests that “Thermos” is a descriptive word, and that the trade-mark is therefore not valid. This issue was not pleaded, if it needs to be. When the stipulation was made, the parties probably intended by implication to cover…
2Cases cited15 opinions
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Coca-Cola Co. v. Koke Co. of AmericaSupreme Court of the United States · 1920
- Worden v. California Fig Syrup Co.Supreme Court of the United States · 1903
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3Cited by6 opinions
- King-Seeley Thermos Co. v. Aladdin Industries, IncorporatedCourt of Appeals for the Second Circuit · 1963
- American Thermos Products Co. v. Aladdin Industries, Inc.District Court, D. Connecticut · 1962
- Ward Baking Co. v. Potter-Wrightington, Inc.Court of Appeals for the First Circuit · 1924
- Keebler Weyl Baking Co. v. J. S. Ivins' Son, Inc.District Court, E.D. Pennsylvania · 1934
- Potter-Wrightington, Inc. v. Ward Baking Co.District Court, D. Massachusetts · 1923
1 more not listed; retrieve them via the Exa API.