Legal Opinion
Prest-O-Lite Co. v. Avery Lighting Co.
District Court, N.D. New York
Decided May 18, 1908PublishedCited by 9 opinions
In Equity. Motion for preliminary injunction, restraining infringement of trade-mark and unfair competition in trade.
1Opinion of the Court
RAY, District Judge.
On the 25th day of December, 19 OG, the Concentrated Acetylene Company registered its trade-mark, “Prest-OLite,” stating it had -been continuously used in the business of the corporation since October, 1901, and:
“The class of merchandise to which the trade-mark is appropriated is class 6, chemicals not otherwise classified, and the particular description of goods comprised in said class upon which said trade-mark is used is illuminating gas in portable tanks for supplying automobile headlights, boat *649lights, etc. The trade-mark is displayed on the tanks containing the gas…
2Cases cited5 opinions
- Hostetter Co. v. SommersU.S. Circuit Court for the District of Southern New York · 1897
- Evans v. Von LaerU.S. Circuit Court for the District of Massachusetts · 1887
- Hostetter Co. v. MartinoniU.S. Circuit Court for the District of Northern California · 1901
- Pontefact v. IsenbergerU.S. Circuit Court for the District of Southern New York · 1900
- Van Hoboken v. Mohns & KaltenbachU.S. Circuit Court for the District of Northern California · 1901
3Cited by9 opinions
- General Electric Company and Carboloy, Inc. v. Robert Speicher and Speicher, Inc.Court of Appeals for the Seventh Circuit · 1989
- Coca Cola Co. v. DubersteinDistrict Court, S.D. Ohio · 1918
- Prest-O-Lite Co. v. HeidenCourt of Appeals for the Eighth Circuit · 1915
- Prest-O-Lite Co. v. H. W. Bogen, Inc.District Court, S.D. California · 1910
- Prest-O-Lite Co. v. BournonvilleDistrict Court, D. New Jersey · 1914
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