Legal Opinion
Fawcett Publications, Inc. v. Popular Mechanics Co.
Court of Appeals for the Third Circuit
Decided October 18, 1935No. 5751PublishedCited by 21 opinions
1Opinion of the Court
DAVIS, Circuit Judge.
This is a suit for infringement of a trade-mark and unfair competition.
The plaintiff, the Popular Mechanics Company, has published its magazine, “Popular Mechanics,” since 1902. The name “Popular Mechanics” was registered as a trade-mark in 1914.
As the title indicates, the subject-matter of the magazine is concerned with a popular and elementary portrayal of mechanical and inventional progress. Its narrative is concise and “catchy,” perhaps inclining to dramatic- coloring. It had a circulation of approximately half a million copies each month.
In 1928, the defendant,…
2Cases cited12 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
- Best & Co. v. MillerCourt of Appeals for the Second Circuit · 1948
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- McGraw-Hill Pub. Co. v. American Aviation Associates, Inc.Court of Appeals for the D.C. Circuit · 1940
- Astroworks, Inc. v. Astroexhibit, Inc.District Court, S.D. New York · 2003
16 more not listed; retrieve them via the Exa API.