Legal Opinion

Ralston Purina Company v. Thomas J. Lipton, Inc.

District Court, S.D. New York

Decided May 1, 1972No. 71 Civ. 3840PublishedCited by 68 opinions

1Opinion of the Court

METZNER, District Judge:

Plaintiff Ralston Purina Company [Purina] moves pursuant to Rule 65, Fed.R.Civ.P., for a preliminary injunction restraining further use by defendant Thomas J. Lipton, Inc. [Lipton] of the name Tender Dinners as a trademark for cat food manufactured and sold by Lipton. In the alternative, Purina moves pursuant to Rule 56, Fed.R.Civ. P., for summary judgment and a permanent injunction. Jurisdiction is based on diversity of citizenship.

Plaintiff is a Missouri corporation with its principal place of business in St. Louis. For many years, among other things, it has been a…

2Cases cited20 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Menendez v. HoltSupreme Court of the United States · 1888
  3. The W. E. Bassett Company v. Revlon, Inc., the W. E. Bassett Company v. Revlon, Inc., (Two Cases)Court of Appeals for the Second Circuit · 1970
  4. Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
  5. Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964

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3Cited by68 opinions

  1. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
  2. Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
  3. Centaur Communications, Limited v. A/s/m Communications, Inc.Court of Appeals for the Second Circuit · 1987
  4. George Basch Co. v. Blue Coral, Inc.Court of Appeals for the Second Circuit · 1992
  5. Laureyssens v. Idea Group, Inc.Court of Appeals for the Second Circuit · 1992

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

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