Legal Opinion
Perfectform Corporation v. Perfect Brassiere Co., Inc.
Court of Appeals for the Third Circuit
Decided July 9, 1958No. 12309_1PublishedCited by 11 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
Appellant sued for Lanham Act (15 U.S.C.A. § 1051 et seq.) trade-mark infringement and for unfair competition under 28 U.S.C. § 1338. The district court dismissed the complaint.
It is uncontradicted that the trademark Perfectform was adopted in 1944 by appellant in its business of manufacturing ladies slips, panties, pajamas, nightgowns and bed jackets. On May 18, 1948, registration of the trade-mark (#500,444) in the Supplemental Register, under Section 1091 of the Lanham Act, was allowed appellant. The evidence is that after the adoption of the trade-mark in 1944…
2Cases cited19 opinions
- Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
- Sears, Roebuck and Co. v. Arthur L. Johnson and Marjorie Johnson, a Partnership Doing Business as All-State School of DrivingCourt of Appeals for the Third Circuit · 1955
- Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Supreme Court of the United States · 1919
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
- Hana Financial, Inc. v. Hana BankSupreme Court of the United States · 2015
- Taussig v. Wellington Fund, Inc.District Court, D. Delaware · 1960
- Blumenfeld Development Corp. v. Carnival Cruise Lines, Inc.District Court, E.D. Pennsylvania · 1987
- Holiday Inns, Inc. v. TrumpDistrict Court, D. New Jersey · 1985
6 more not listed; retrieve them via the Exa API.