United Lace & Braid Mfg. Co. v. Barthels Mfg. Co.
District Court, E.D. New York
In Equity. Suit by the United Lace & Braid Manufacturing Company against the Barthels Manufacturing Company. On motion by defendant for further bill of particulars.
1Opinion of the Court
CHATEIELD, District Judge.
Suit has been brought upon a trade-mark, and also upon claims of established property rights in a recognized trade-name. The defendant is charged with infringement of the trade-mark, and with intentional sale of articles palpably imitating in appearance and labels the goods of the parties owning the trade-mark.
A motion for judgment upon the face of the complaint in this action was denied, without memorandum discussion of the points raised, which included a claim that the word filed as a trade-mark was merely descriptive and could not be made the subject of a valid…
2Cases cited1 opinion
- Curtis v. PhelpsDistrict Court, N.D. New York · 1913
3Cited by2 opinions
- Jacobs v. Peavy-Wilson Lumber Co.District Court, W.D. Louisiana · 1940
- B. B. Chemical Co. v. Cataract Chemical Co.District Court, W.D. New York · 1938