Warner Bros. v. Wiener
Court of Appeals for the Second Circuit
' Appeal from the District Court of the United States for the Southern District of New York. On appeal from an order of the District Court for the Southern District of New York which granted a preliminary injunction restraining the defendant from selling or offering for sale corsets having thereon, or on the boxes containing the same, the name “Wiener’s” printed in the style of type shown in complainant’s registered trademark “Warner’s” or in any such near resemblance…
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' Appeal from the District Court of the United States for the Southern District of New York. On appeal from an order of the District Court for the Southern District of New York which granted a preliminary injunction restraining the defendant from selling or offering for sale corsets having thereon, or on the boxes containing the same, the name “Wiener’s” printed in the style of type shown in complainant’s registered trademark “Warner’s” or in any such near resemblance thereto as might be calculated to deceive. The order concludes as follows: “The motion is denied in so far as it asks that the…
1Opinion of the Court
COXE, Circuit Judge.
[1,2] The complainant moved in the District Court for a preliminary injunction restraining-the-defendant from using his name in connection with the sale of corsets which the complainant contends infringes its registered trade-mark. This trade-mark consists of the name “Warner’s” printed in heavy black script. The defendant printed his name in similar black script in such a way that a purchaser might easily mistake it for that of the complainant. Both parties are engaged in selling corsets. The District Court enjoined the defendant from using his name printed in script and…
2Cited by1 opinion
- Planten v. GedneyCourt of Appeals for the Second Circuit · 1915