Holeproof Hosiery Co. v. Wallach Bros.
U.S. Circuit Court for the District of Southern New York
In Equity. Bill to restrain trade-mark infringement and unfair trading. On motion for a preliminary injunction. The Kalamazoo Knitting Company, which was engaged in the manufacture of knitted products at Milwaukee, Wis., about the year 1897 began the manufacture and marketing of hosiery of peculiar wearing qualities, to which it applied as a name the word “Holeproof,” and a device, consisting of the words “Holeproof Socks,” or “Holeproof Hosiery,” Inclosed in a circular…
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In Equity. Bill to restrain trade-mark infringement and unfair trading. On motion for a preliminary injunction. The Kalamazoo Knitting Company, which was engaged in the manufacture of knitted products at Milwaukee, Wis., about the year 1897 began the manufacture and marketing of hosiery of peculiar wearing qualities, to which it applied as a name the word “Holeproof,” and a device, consisting of the words “Holeproof Socks,” or “Holeproof Hosiery,” Inclosed in a circular garter surmounted by a crown. This hosiery was sold under a printed guaranty that each pair of socks or stockings would wear…
1Opinion of the Court
HOUGH, District Judge.
The motion, as shown by the moving papers, is to obtain pendente lite an injunction “in manner and form as set forth in the bill of complaint.” An analysis of the prayer for relief in the bill, taken in conjunction with the answer and the body of the bill and the affidavits submitted on this motion, leads me to think that the relief demanded may be fairly stated under the following heads:
Complainant wishes to prevent defendant (1) from using in connection with hosiery the word “Holeproof,” or any like word; (2) from using in like connection the words “guarantee,”…
2Cited by3 opinions
- Hercules Powder Co. v. NewtonCourt of Appeals for the Second Circuit · 1920
- Hi-Land Dairyman's Ass'n v. Cloverleaf DairyUtah Supreme Court · 1944
- Holeproof Hosiery Co. v. Wallach Bros.U.S. Circuit Court for the District of Southern New York · 1911