Gannert v. Rupert
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern 'District of New York. Appeal from a decree of the Circuit Court for the Southern District of New York, dismissing bill to restrain the infringement of complainant’s trade-mark.
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Appeal from the Circuit Court of the United States for the Southern 'District of New York. Appeal from a decree of the Circuit Court for the Southern District of New York, dismissing bill to restrain the infringement of complainant’s trade-mark. The Circuit Court accurately described the rival publications as follows: “The predecessor of the complainant corporation in the year 1888, began the publication of a monthly periodical to which was given the name or title ‘Com fort.’ It Is still so known. The name had not been previously used for any other publication and the use thereof since its…
1Opinion of the Court
COXE, Circuit Judge.
This is a trade-mark case pure and simple. It is not a case of unfair competition. It is founded on a technical, common-law trade-mark. With this distinction in mind it is obvious that many of the propositions argued by the defendant are irrelevant. For 15 years the complainant and its predecessors have published a monthly periodical called “Comfort.” Under this name a large, lucrative and growing business has been established. A person publishing a newspaper or a magazine may give it a name by which it is known and by which its authenticity is attested. This name is…
2Cited by36 opinions
- Charles Broadway Rouss, Inc. v. Winchester Co.Court of Appeals for the Second Circuit · 1924
- Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- United States v. PowellCourt of Appeals for the Tenth Circuit · 1962
- National Surety Co. v. JarrettWest Virginia Supreme Court · 1924
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