New York Asbestos Mfg. Co. v. Ambler Asbestos Air-Cell Covering Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
This is a suit in equity for infringement of a trade-mark and for unfair competition. On motion for preliminary injunction.
1Opinion of the Court
DALLAS, Circuit Judge.
That either “air-cell” or “fire-board,” as used by the plaintiff, constitutes a valid trade-mark, is at least open to very serious doubt. The impression now made upon my mind is that those terms are descriptive of certain products; that they identify the manufactured articles with which they are associated, not the manufacturer thereof; and no more need be said upon the subject of trade-mark, separately considered, upon this motion. New York Asbestos Mfg. Co. v. New York Fireproof Covering Co. (Sup.) 62 N. Y. Supp. 339; Vitascope Co. v. U. S. Phonograph Co. (C. C.) 83…
2Cases cited4 opinions
- Lare v. HarperCourt of Appeals for the Third Circuit · 1898
- Vitascope Co. v. United States Phonograph Co.U.S. Circuit Court for the District of New Jersey · 1897
- Van Camp Packing Co. v. Cruikshanks Bros.Court of Appeals for the Third Circuit · 1898
- New York Asbestos Manufacturing Co. v. New York Fireproof Covering Co.New York Supreme Court · 1899
3Cited by1 opinion
- New York Asbestos Mfg. Co. v. Ambler Asbestos Air-Cell Covering Co.Court of Appeals for the Third Circuit · 1900