Legal Opinion
Hodgson v. Fifth Avenue Plastics, Inc.
District Court, S.D. New York
Decided November 17, 1950PublishedCited by 6 opinions
1Opinion of the Court
RYAN, District Judge.
Plaintiffs move for an injunction pendente lite to restrain defendants from continuing to engage in the alleged infringement of plaintiffs’ trade-mark “Silly Putty”, and in alleged unfair competition.
Jurisdiction is claimed under the Federal Trade-Mark Act, 15 U.S.C.A. § 1121, and by reason of diversity. It appears to be unchallenged that the trademark “Silly Putty” has not been registered, although an application for registration is now pending in the Patent Office. Jurisdiction is, therefore, based solely on diversity; the suit is for protection of an alleged common law…
2Cases cited3 opinions
- Lewis v. Vendome Bags, Inc.Court of Appeals for the Second Circuit · 1939
- Lucien Lelong, Inc. v. Lander Co.Court of Appeals for the Second Circuit · 1947
- Swanson Mfg. Co. v. FeinbergHenry Mfg. Co.Court of Appeals for the Second Circuit · 1945
3Cited by6 opinions
- Ramirez & Feraud Chili Co. v. Las Palmas Food CompanyDistrict Court, S.D. California · 1956
- Old Reading Brewery, Inc. v. Lebanon Valley Brewing Co.District Court, E.D. Pennsylvania · 1952
- Haeger Potteries, Inc. v. Gilner PotteriesDistrict Court, S.D. California · 1954
- Marvel Products, Inc. v. Fantastics, Inc.District Court, D. Connecticut · 1968
- Fluidless Non-Tact Lenses, Inc. v. Klear Vision Contact Lens Specialists, Inc.District Court, S.D. New York · 1958
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