Legal Opinion
Pastificio Spiga Societa Per Azioni v. De Martini MacAroni Co., Inc
Court of Appeals for the Second Circuit
Decided December 3, 1952No. 64, Docket 22455PublishedCited by 26 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The defendant obtained a decision by the trial judge that the plaintiff could not rer cover for injury to its trade mark» “S.P.I. G.A.” because the mark was merely descriptive, and that no claim for unfair competition was established because at no time during the course of the defendant’s acts did the plaintiff sell any of its products in this country. We think that neither conclusion was well founded.
The Patent Office had allowed registration of the trade mark and its action created a strong presumption in favor of the validity of the mark. See Planten v.…
2Cases cited7 opinions
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Triangle Publications, Inc. v. RohrlichCourt of Appeals for the Second Circuit · 1948
- Miles Shoes, Inc. v. R. H. MacY & Co., IncCourt of Appeals for the Second Circuit · 1952
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- W. G. Reardon Laboratories, Inc. v. B. & B. Exterminators, Inc.Court of Appeals for the Fourth Circuit · 1934
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- American Home Products Corporation and Boyle-Midway, Inc. v. Johnson Chemical Co., Inc.Court of Appeals for the Second Circuit · 1978
- Admiral Corp. v. Penco, Inc.Court of Appeals for the Second Circuit · 1953
- Venetianaire Corp. Of America v. A & P Import Co.Court of Appeals for the Second Circuit · 1970
21 more not listed; retrieve them via the Exa API.