Legal Opinion

Simmons Co. v. Baker

District Court, D. Massachusetts

Decided November 15, 1961No. Civ. A. No. 58-1014-SPublishedCited by 5 opinions

1Opinion of the CourtMcCARTHY, District Judge

(retired, by designation).

Findings of Fact A. The Suit

1. This is an action for infringement of federally protected trademarks, for infringement of trademarks protected by the common law, and for unfair competition. The important defenses relied upon were laches and the doctrine of unclean hands, the unclean hands allegedly arising from violations of the provisions of the Lanham Act by the plaintiff corporation in that the plaintiff corporation allegedly used its registered trademarks in attempted monopolization in violation of the anti-trust laws and in that the plaintiff corporation…

2Cited by5 opinions

  1. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
  2. Abraham (Abe) Baker, Individually, and D/B/A Simmonds Upholstering Company v. Simmons CompanyCourt of Appeals for the First Circuit · 1963
  3. Phoenix Manufacturing Co. v. Plymouth Mfg. Co.District Court, D. Massachusetts · 1968
  4. Union Tank Car Co. v. Lindsay Soft Water Corp. of Omaha, Inc.District Court, D. Nebraska · 1966
  5. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992

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