Legal Opinion
American Luggage Works, Inc. v. United States Trunk Co.
District Court, D. Massachusetts
Decided December 6, 1957No. Civ. A. 57-159PublishedCited by 26 opinions
1Opinion of the Court
WYZANSKI, District Judge.
Defendant, United States Trunk Co., moved for judgment against plaintiff, American Luggage Works, Inc., at the close of plaintiff’s evidence on its cause of action alleging unfair competition. The issue turns to some extent on'two questions; first, the admissibility and second, the persuasiveness of experts’ testimony relating to a poll they designed and conducted to determine consumer attitudes.
Stated liberally, plaintiff’s claim is that it has developed a design for suit-eases; that this design has acquired a secondary meaning, so that the public associates the…
2Cases cited3 opinions
- General Time Instruments Corp. v. United States Time Corp.Court of Appeals for the Second Circuit · 1948
- United States v. 88 Cases, More or Less, Containing Bireley's Orange BeverageCourt of Appeals for the Third Circuit · 1951
- Algren Watch Findings Co., Inc. v. KalinskyCourt of Appeals for the Second Circuit · 1952
3Cited by26 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- American Footwear Corporation v. General Footwear Company Limited, and Universal City Studios, Inc., Intervening-Defendant-AppellantCourt of Appeals for the Second Circuit · 1979
- E. I. DuPont De Nemours & Co. v. Yoshida International, Inc.District Court, E.D. New York · 1975
- Norwich Pharmacal Company v. Sterling Drug, Inc.Court of Appeals for the Second Circuit · 1959
- Edison Bros. Stores, Inc. v. Cosmair, Inc.District Court, S.D. New York · 1987
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