Legal Opinion

Gorham Mfg. Co. v. Schmidt

District Court, S.D. New York

Decided May 9, 1912PublishedCited by 2 opinions

In Equity. Suit by the Gorham Manufacturing Company against Anthony J. Schmidt and William H. Schmidt. Oil final hearing. Decree for complainant.

1Opinion of the Court

HAZER, District Judge.

[1] This is an action for infringement of complainant’s trade-mark, by the defendants, who are dealers in silver-plated ware, and for unfair competition in trade. The trademark which is the subject of this controversy is identically the same as that considered and held valid and infringed in Gorham Manufacturing Co. v. E. & M. Weintraub, 196 Fed. 957. A recitation of the material facts upon which such trade-mark was held valid is unnecessary. The issues are precisely the same save as to-specific acts of infringement.

The defendants insist that infringement by them is not…

2Cases cited6 opinions

  1. Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
  2. Gannert v. RupertCourt of Appeals for the Second Circuit · 1904
  3. Lever Bros. v. PasfieldU.S. Circuit Court for the District of Eastern New York · 1898
  4. Gorham Mfg. Co. v. WeintraubDistrict Court, S.D. New York · 1912
  5. Low v. FelsUnited States Circuit Court · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hennessy v. Wine Growers' Ass'nDistrict Court, S.D. New York · 1914
  2. Gorham Mfg. Co. v. Di SalvoDistrict Court, S.D. New York · 1912

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