Van Zile v. Norub Mfg. Co.
District Court, E.D. New York
In Equity. Suit by Cornelius W. Van Zile and another, copartners doing business as the Van Zile Company, against the Norub Manufacturing- Company. Decree for plaintiffs.
1Opinion of the Court
CHATPIELaD, District Judge.
This cause of action is based upon the alleged infringement of a registered trade-mark and also an allegation of unfair competition. The defendant uses the word “Nodust” with the word “Lee’s” inclosed in a shield and bearing the word “trademark” (although this is not a registered trade-mark) as part of the design and reading matter, on a cylindrical shaped can, containing a green powder, to be used as a germicide and cleanser in sweeping.
The plaintiffs’ articles as marketed at present consist of pasteboard boxes' bearing the registered trade-mark of a shield…
2Cases cited3 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Rice-Stix Dry Goods Co. v. J. A. Scriven Co.Court of Appeals for the Eighth Circuit · 1908
- John T. Dyer Quarry Co. v. Schuylkill Stone Co.District Court, D. New Jersey · 1911
3Cited by5 opinions
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
- Aluminum Cooking Utensil Co. v. Sargoy Bros.District Court, E.D. New York · 1921
- Kassman & Kessner, Inc. v. Rosenberg Bros.Court of Appeals for the D.C. Circuit · 1926
- Edgar-Morgan Co. v. Alfocorn Milling Co.District Court, E.D. Missouri · 1921
- Aunt Jemima Mills Co. v. Rigney & Co.District Court, E.D. New York · 1916