Legal Opinion
Switzerland Cheese Association, Inc. v. E. Horne's Market, Inc.
Court of Appeals for the First Circuit
Decided October 19, 1965No. 6523_1PublishedCited by 9 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
This is an action for trademark infringement and unfair competition in which jurisdiction is posited upon the trademark laws, 15 U.S.C. § 1051 et seq. The complaint sought a temporary and a permanent injunction and an accounting for damages. Prior to trial plaintiffs moved, on affidavits and counter-affidavits, for a summary judgment granting a permanent injunction. The district court, upon consideration, denied the motion. Plaintiffs appeal.
The first question is that of our jurisdiction. No determination was made, or sought for, warranting an interlocutory appeal under…
2Cases cited5 opinions
- Morgenstern Chemical Co., Inc. v. Schering CorporationCourt of Appeals for the Third Circuit · 1950
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Dixon Textile CorporationCourt of Appeals for the Second Circuit · 1960
- Hook v. Hook & Ackerman, Inc.Court of Appeals for the Third Circuit · 1954
- Tri-Continental Financial Corp. v. GlenmoreSupreme Court of the United States · 1960
- Division 689, Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, A.F.L. v. Capital Transit CompanyCourt of Appeals for the D.C. Circuit · 1955
3Cited by9 opinions
- Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
- Chappell & Co., Inc., T. B. Harms Company, Williamson Music, Inc., Frank Loesser and Frank Music Corp. v. J. Jay FrankelCourt of Appeals for the Second Circuit · 1966
- Elizabeth Nye Woodard, Miles Cogley Nye, Jr., and the Kendall Company v. Sage Products, Inc.Court of Appeals for the Federal Circuit · 1987
- United States v. SalterCourt of Appeals for the First Circuit · 1970
- United States v. SalterCourt of Appeals for the First Circuit · 1970
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