Waldes v. International Mfrs.' Agency, Inc.
District Court, S.D. New York
In Equity.. Suit for injunction by Heinrich Waldes and others, co-partners doing business under the firm name and style of Waldes & Co., against the International Manufacturers’ Agency, Incorporated. This is the usual suit for an injunction and accounting under Trade-Mark Registration Act, Feb. 20, 1905, e. 592, 33 Stat. 724. The bill also asks for cancellation of the defendant’s mark in so far as it conflicts with its own.
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In Equity.. Suit for injunction by Heinrich Waldes and others, co-partners doing business under the firm name and style of Waldes & Co., against the International Manufacturers’ Agency, Incorporated. This is the usual suit for an injunction and accounting under Trade-Mark Registration Act, Feb. 20, 1905, e. 592, 33 Stat. 724. The bill also asks for cancellation of the defendant’s mark in so far as it conflicts with its own. The plaintiffs are aliens doing business in Austria, and the defendant is a corporation, a citizen of New York. On November 1', 1910, the plaintiffs obtained a registered…
1Opinion of the Court
LEARNED HAND,
District Judge (after stating the facts as above). [1] I think that there is enough proof in the case of a user antedating the defendant’s user to support the plaintiffs’ claim of a trade-mark, without considering the “Koh-i-noor” user, or the question of law raised by the foreign user with local registration. The earliest use, besides the “Rival” card and the “Koh-i-noor,” is that of the “Zeppelin” card, which began on March IS, 1912, consisted of 7 separate invoices, and amounted'in all to 2,136 cards before September 1, 1912. The next use was of the “Queen” card, beginning…
2Cases cited6 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Kathreiner's Malzkaffee Fabriken mit Beschraenkter Haftung v. Pastor Kneipp Medicine Co.Court of Appeals for the Seventh Circuit · 1897
- Kohler Manuf'g Co. v. BeeshoreCourt of Appeals for the Third Circuit · 1893
- Thomas J. Carroll & Son Co. v. McIlvaine & BaldwinCourt of Appeals for the Second Circuit · 1910
- Walter Baker & Co. v. DelapenhaU.S. Circuit Court for the District of New Jersey · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Blue Bell, Inc. v. Farah Manufacturing Company, Inc.Court of Appeals for the Fifth Circuit · 1975
- Jackson v. Universal International Pictures Inc.California Supreme Court · 1950
- Morse-Starrett Products Co. v. StecconeDistrict Court, N.D. California · 1949
- International Film Service Co. v. Associated Producers, Inc.District Court, S.D. New York · 1921
- Ansehl v. WilliamsCourt of Appeals for the Eighth Circuit · 1920
10 more not listed; retrieve them via the Exa API.