Legal Opinion
R. B. Semler, Inc. v. Kirk
District Court, E.D. Pennsylvania
Decided January 5, 1938No. 9421PublishedCited by 5 opinions
1Opinion of the Court
MARIS, District Judge.
This is a suit in equity brought by the owner of a trade-mark seeking an injunction against alleged trade-mark infringement and unfair competition. From the evidence I make the following special findings of fa'ct:
The plaintiff is a New York corporation and the defendant is a resident and citizen of the State of Pennsylvania doing business in Philadelphia under the trade name Franklin Sales Company.
The plaintiff has been engaged since 1930 in the business of manufacturing under a secret formula a hair tonic which it has sold under the trade-mark Kreml. Ernst Schaufler,…
2Cases cited3 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Old Dearborn Distributing Co. v. Seagram-Distillers Corp.Supreme Court of the United States · 1936
- Prestonettes, Inc. v. CotySupreme Court of the United States · 1924
3Cited by5 opinions
- Independent News Co., Inc., National Comics Publications, Inc., Superman, Inc. v. Harry WilliamsCourt of Appeals for the Third Circuit · 1961
- Clairol, Inc. v. Cody's Cosmetics, Inc.Massachusetts Supreme Judicial Court · 1967
- Bayer Co. v. ShoyerDistrict Court, E.D. Pennsylvania · 1939
- Clairol, Inc. v. Martin Wholesale Distributors, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1964
- Clairol, Inc. v. Sarann Co., Pennsylvania Court of Common Pleas, Philadelphia County1965