Phenix Cheese Co. v. Kirp
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Phenix Cheese Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of February, 1917, denying its motion for a temporary injunction.
1Opinion of the Court
Smith, J.:
Plaintiff is the manufacturer of a product known as “ Philadelphia Cream Cheese,” which he has produced and marketed for over thirty-five years. The defendants are wholesale dealers in cheese and other staples and have begun the manufacture and sale of a cheese which they designate on the labels in which the same is wrapped as “Pennsylvania Cream Cheese. ” The plaintiff has brought an action seeking to enjoin the use of the name and label.
Neither the cheese of plaintiff nor defendants is made in the State of Pennsylvania. Both labels have the statement, “ Made in State of New York.”…
2Cases cited5 opinions
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Newman v. . AlvordNew York Court of Appeals · 1872
- Colman v. . CrumpNew York Court of Appeals · 1877
- Koehler v. . SandersNew York Court of Appeals · 1890
- Julius Kayser & Co. v. Italian Silk Underwear Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by10 opinions
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- Atlantic Monthly Company v. Frederick Ungar Publishing Co.District Court, S.D. New York · 1961
- New York World's Fair 1939 Inc. v. World's Fair News, Inc.New York Supreme Court · 1937
- In Re Plymouth Motor CorporationCourt of Customs and Patent Appeals · 1931
- Mitchel H. Mark Realty Corp. v. HirschAppellate Division of the Supreme Court of the State of New York · 1917
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