Flexitized, Inc. v. National Flexitized Corporation
District Court, S.D. New York
1Opinion of the Court
TYLER, District Judge.
This action was tried before this court and a jury on January 9, 10, 11 and 14 through 18, 1963. Plaintiffs’ complaint, alleges three claims: breach of contract, trade-mark infringement, and unfair competition. In their prayer for relief' plaintiffs seek money-damages on all three claims and an order enjoining defendants from unauthorized use of the-trade name “Flexitized”.
Jurisdiction of this court has been invoked by virtue of certain claims “arising under the laws of the United States” (28 U.S.C. § 1338) and on the basis of' diversity of citizenship of the parties-(28…
2Cases cited47 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Fashion Originators' Guild of America, Inc. v. Federal Trade CommissionSupreme Court of the United States · 1941
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3Cited by9 opinions
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- LinkCo, Inc. v. Fujitsu Ltd.District Court, S.D. New York · 2002
- Fashion Two Twenty, Inc. v. SteinbergDistrict Court, E.D. New York · 1971
- Frederick Chusid & Co. v. Marshall Leeman & Co.District Court, S.D. New York · 1971
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