Legal Opinion
Urbana Wine Co. v. San Benito Co.
New York Supreme Court
Decided April 18, 1957Published
1Opinion of the CourtHenry Epstein, J.
Plaintiff company has used the trademark and name “ Gold Seal ” for its wines for some 74 years. It has registered the “ Gold Seal ” notation for sparkling wine and champagne since 1882 in both Federal and New York State Government agencies. In this action plaintiff seeks an injunction against defendant’s product, designated as “ Grand Seal ” champagne, claiming trade-mark infringement and unfair competition. The proof offered on unfair competition dealing with the shape of the bottle, the lettering on the large label and the “ neck ” band label on the champagne bottles is unconvincing. Many,…
2Cases cited9 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Supreme Court of the United States · 1919
- Seven Up Co. v. Cheer Up Sales Co.Court of Appeals for the Eighth Circuit · 1945
4 more not listed; retrieve them via the Exa API.