Legal Opinion
Franklin Knitting Mills, Inc. v. Fashionit Sweater Mills, Inc.
District Court, S.D. New York
Decided December 22, 1923PublishedCited by 25 opinions
1Opinion of the Court
LEARNED HAND, District Judge,
If I had any latitude in this case, I should enjoin the defendant. The infringement is obvious enough, and its honesty more than dubious. Probably the plaintiff could establish — indeed, perhaps, it has even now established — a secondary user, which in a suit at common law would be ample enough to ■protect it. But unhappily I have no choice but to dispose of this bill upon principles of trade-mark stricti juris, since, if the trade-marks are not valid, there is no further jurisdiction. And so the case comes down merely to the validity of the trade-marks as such,…
2Cases cited13 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Rushmore v. Manhattan Screw & Stamping WorksCourt of Appeals for the Second Circuit · 1908
- Holeproof Hosiery Co. v. Wallach Bros.Court of Appeals for the Second Circuit · 1909
- Ungles-Hoggette Mfg. Co. v. Farmers' Hog & Cattle Powder Co.Court of Appeals for the Eighth Circuit · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Gruner + Jahr USA Publishing v. Meredith Corp.Court of Appeals for the Second Circuit · 1993
- Lane Capital Management, Inc., Plaintiff-Counter-Defendant-Appellee v. Lane Capital Management, Inc., Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1999
- Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
20 more not listed; retrieve them via the Exa API.