Legal Opinion
House of Westmore, Inc. v. Denney
Court of Appeals for the Third Circuit
Decided August 21, 1945No. 8707PublishedCited by 33 opinions
1Opinion of the Court
FORMAN, District Judge.
Appellant, Frances Denney, is the manufacturer of a cosmetic preparation sold under the registered trade-mark “OverTone,” issued January 21, 1941, as No. 384,464. The product consists of a solid dry cake packaged in a round flat compact, distinctive in color and design.
Appellee, House of Westmore, Inc., is the manufacturer of a cosmetic preparation sold under the registered trade-mark “Overglo,” issued January 5, 1943, as No. 399,428. Its product is in liquid form and is packaged in a bottle distinctive also in color and design.
The parties will be referred to in this…
2Cases cited10 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Industrial Rayon Corp. v. Dutchess Underwear Corp.Court of Appeals for the Second Circuit · 1937
- Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
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3Cited by33 opinions
- Big O Tire Dealers, Inc., a Colorado Corporation v. The Goodyear Tire & Rubber Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1977
- Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
- Alfred Dunhill of London, Inc. v. Kasser Distillers Products Corp.District Court, E.D. Pennsylvania · 1972
- Morgenstern Chemical Co., Inc. v. Schering CorporationCourt of Appeals for the Third Circuit · 1950
- Pennsylvania State University v. University Orthopedics, Ltd.Superior Court of Pennsylvania · 1998
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