Legal Opinion
Marcal Paper Mills, Inc. v. Scott Paper Company
District Court, D. New Jersey
Decided August 7, 1968No. Civ. A. 31-66PublishedCited by 2 opinions
1Opinion of the Court
OPINION
COOLAHAN, District Judge:
In this multi-faceted action, plaintiff sues to enjoin defendant from continuing to package certain of its paper products while employing certain symbols, words, and trade dress which plaintiff claims it has the exclusive right to use. Damages, an accounting, and costs are also sought. The first count of the Complaint asserts that defendant has, through its employment of a specific label on certain of its facial tissues, infringed on two of plaintiff’s copyrighted labels; jurisdiction of this court is said to be founded on the provisions of 17 U.S.C. § 101. The…
2Cases cited28 opinions
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
- Ideal Toy Corporation v. Fab-Lu Ltd. (Inc.) and David FaberCourt of Appeals for the Second Circuit · 1966
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
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3Cited by2 opinions
- Time Mechanisms, Inc. v. Qonaar Corp.District Court, D. New Jersey · 1976
- Grosdidier v. Board Broadcast GovernorsDistrict Court, District of Columbia · 2011