Legal Opinion

Helene Curtis Industries, Inc. v. Sales Affiliates, Inc.

Court of Appeals for the Second Circuit

Decided September 5, 1957No. Nos. 341-344, Dockets 24524-24527PublishedCited by 6 opinions

1Opinion of the Court

LUMBARD, Circuit Judge.

The question for decision is this: Where one federal court after protracted and expensive litigation, has already decided that a patent is invalid and has enjoined the defendant-patentee from suing thereon, may that court issue a supplemental injunction enjoining that patentee from suing customers of the plaintiffs under the cloak of another corporate shell in another circuit of our federal judicial system for infringement of a later-issued patent, which is invalid for substantially the same reasons as the earlier patent? We think the answer should be in the…

2Cases cited17 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Gunter v. Atlantic Coast Line RailroadSupreme Court of the United States · 1906
  3. Kessler v. EldredSupreme Court of the United States · 1907
  4. Dietzsch v. HuidekoperSupreme Court of the United States · 1881
  5. Dugas v. American Surety Co.Supreme Court of the United States · 1937

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3Cited by6 opinions

  1. Sperry Rand Corporation v. Bernard J. RothleinCourt of Appeals for the Second Circuit · 1961
  2. Kentucky Fried Chicken Corporation, a Delaware Corporation v. Diversified Packaging Corporation v. Heublein, Inc., Movant-AppellantCourt of Appeals for the Fifth Circuit · 1977
  3. Redac Project 6426, Inc. v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 1969
  4. Helene Curtis Industries, Inc. v. Sales Affiliates, Inc.District Court, S.D. New York · 1958
  5. Helene Curtis Industries, Inc., Helene Curtis Sales, Inc. And C. v. Layden, Doing Business as Southwestern Beauty Products Company v. Sales Affiliates, Inc., the Gillette Company, Skillern & Sons, Inc., and Walgreen Drug Company of Texas v. Sales Affiliates, Inc., Sales Affiliates, Inc., the Procter & Gamble Company, Involuntary v. C. v. Layden, Doing Business as Southwestern Beauty Products Company, Sales Affiliates, Inc., the Procter & Gamble Company, Involuntary v. Skillern & Sons, Inc., Walgreen Drug Company of Texas, and the Gillette CompanyCourt of Appeals for the Second Circuit · 1957

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