Legal Opinion
Dad's Root Beer Co. v. Atkin
District Court, E.D. Pennsylvania
Decided May 12, 1950No. 9333PublishedCited by 5 opinions
1Opinion of the Court
CLARY, District Judge.
The plaintiff herein is an Illinois corporation and the defendants are residents of Pennsylvania and Minnesota jointly registered to do business under the Fictitious Name Act of the Commonwealth of Pennsylvania in the County of Philadelphia. 54 P.S. § 28.1. The sum in controversy exceeds $3,000.00, exclusive of interest and costs. The bases of the action are breach of contract, unfair competition, and violation of plaintiff’s trade-marks. The case is therefore before us on both diversity of citizenship and under the Trade-mark Laws of the United States.
The case was tried…
2Cases cited9 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
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3Cited by5 opinions
- B. H. Bunn Co., Inc., Plaintiff-Appellant-Cross v. Aaa Replacement Parts Co., Inc., Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1971
- West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
- Kampgrounds of America, Inc. v. North Delaware A-OK Campground, Inc.District Court, D. Delaware · 1976
- Downtowner Corp. v. Commonwealth Securities Corp.Supreme Court of Arkansas · 1967
- Gaylord Products, Inc. v. Golding Wave Clip Co.District Court, W.D. New York · 1958