Legal Opinion

Reconstruction Finance Corp. v. J. G. Menihan Corp.

District Court, W.D. New York

Decided February 7, 1938No. 2174PublishedCited by 7 opinions

1Opinion of the Court

BURKE, District Judge.

This is a motion to dismiss the bill of complaint upon the grounds that it fails to state facts sufficient to constitute a cause of action and that it is without equity.

The facts as alleged are substantially as follows: A corporation known as the Menihan Company was engaged in the business of manufacturing shoes at Rochester, N. Y. In connection therewith it began in 1912 to use the trade-marks “Arch Aid,” “Menihan’s Arch Aid,” “The Menihan Arch Aid,” and “Menihan.” Shoes made by the company and bearing these trade marks were advertised and sold in most of the principal…

2Cases cited6 opinions

  1. Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
  2. Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
  3. Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
  4. Rice & Hutchins, Inc. v. Vera Shoe Co.Court of Appeals for the Second Circuit · 1923
  5. Hood Ex Rel. North Carolina Bank & Trust Co. v. BellCourt of Appeals for the Fourth Circuit · 1936

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
  2. Mutual Life Ins. Co. v. MeninCourt of Appeals for the Second Circuit · 1940
  3. Time, Inc. v. T.I.M.E. Inc.District Court, S.D. California · 1954
  4. Hough Manufacturing Corp. v. Virginia Metal Industries, Inc.District Court, E.D. Virginia · 1978
  5. United States v. 284,392 Square Feet of Floor SpaceDistrict Court, E.D. New York · 1962

2 more not listed; retrieve them via the Exa API.

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