Legal Opinion
J. C. Penney Co. v. H. D. Lee Mercantile Co.
Court of Appeals for the Eighth Circuit
Decided June 19, 1941No. 11726, 11727PublishedCited by 52 opinions
1Opinion of the CourtJohnsen, Circuit Judge
The questions for determination are whether, in adopting a certain bib-pocket design for its overalls, or in its methods of marketing the same, defendant has been guilty of unfair competition against plaintiff, and, if so, to what relief plaintiff is entitled by reason thereof.
The suit was one by The H. D. Lee Mercantile Company against J. C. Penney Company, for an injunction and for an accounting of profits and damages. The trial court held that defendant had substantially copied or imitated the visual design of plaintiff’s bib-pocket; that such design, through national and local…
2Cases cited14 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Straus v. Notaseme Hosiery Co.Supreme Court of the United States · 1916
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- Flagg Manufacturing Co. v. HolwayMassachusetts Supreme Judicial Court · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
- Truck Equipment Service Company, Appellant-Cross-Appellee v. Fruehauf Corporation, Appellee-Cross-AppellantCourt of Appeals for the Eighth Circuit · 1976
- Application of Deister Concentrator Company, IncCourt of Customs and Patent Appeals · 1961
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
47 more not listed; retrieve them via the Exa API.