Legal Opinion

King-Seeley Thermos Co. v. Aladdin Industries, Incorporated

Court of Appeals for the Second Circuit

Decided July 11, 1963No. 284, Docket 27965PublishedCited by 111 opinions

1Opinion of the Court

LEONARD P. MOORE, Circuit Judge.

This action by brought by appellant King-Seeley Thermos Co. (King-Seeley) 1 to enjoin the defendant, Aladdin Industries, Incorporated from threatened infringement of eight trademark registrations for the word “Thermos” owned by appellant. Defendant answered, acknowledging its intention to sell its vacuum-insulated containers as “thermos bottles”, asserted that the term “thermos” or “thermos bottle” is a generic term in the English language, asked that plaintiff’s registrations of its trademark “Thermos” be cancelled and that it be adjudicated that plaintiff…

2Cases cited13 opinions

  1. Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
  2. Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
  3. DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
  4. Standard Brands, Inc. v. SmidlerCourt of Appeals for the Second Circuit · 1945
  5. Alvin M. Marks v. Polaroid CorporationCourt of Appeals for the First Circuit · 1956

8 more not listed; retrieve them via the Exa API.

3Cited by111 opinions

  1. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  2. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
  3. Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
  4. Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
  5. Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968

106 more not listed; retrieve them via the Exa API.

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