Legal Opinion
Lewis v. Vendome Bags, Inc.
Court of Appeals for the Second Circuit
Decided December 11, 1939No. 76PublishedCited by 55 opinions
1Opinion of the Court
SWAN, Circuit Judge.
This appeal involves the doctrine of Hurn v. Oursler, 289 U.S. 238, 53 S.Ct. 586, 77 L.Ed. 1148, and its application to the facts at bar. Both plaintiff and de*17fendant were citizens of the same state; federal jurisdiction rests on the ground that the charge of patent infringement raised a federal question. The bill of complaint charged infringement of the plaintiff’s design patent #101, 880 and also unfair competition with the plaintiff’s business of manufacturing and selling handbags alleged to be of the patented design. The district judge made findings of fact and law to…
2Cases cited13 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
- Standard Brands, Inc. v. SmidlerCourt of Appeals for the Second Circuit · 1945
- Zalkind v. ScheinmanCourt of Appeals for the Second Circuit · 1943
- Musher Foundation, Inc. v. Alba Trading Co.Court of Appeals for the Second Circuit · 1942
- Chas. D. Briddell, Inc. v. Alglobe Trading Corp.Court of Appeals for the Second Circuit · 1952
50 more not listed; retrieve them via the Exa API.