Legal Opinion

O'Sullivan Rubber Co. v. Genuine Rubber Co.

Court of Appeals for the First Circuit

Decided April 11, 1922No. 1537PublishedCited by 5 opinions

Appeal from the District Court of the United States for the District of Massachusetts; George W. Anderson, Judge. Suit in equity by the O’Sullivan Rubber Company, Inc., against the Genuine Rubber Company and others. Decree for defendants, and complainant appeals.

1Opinion of the Court

BINGHAM, Circuit Judge.

This is a proceeding in equity brought by the complainant, appellant, against the defendants, appellees, asking an injunction restraining the defendants from putting on the market a suction recess heel and employing in connection therewith certain features as to structure, words, letters and the arrangement thereof, similar to those employed by the plaintiff in the marketing of its heel, Exhibit A, and for an accounting.

In the court below it was found and ruled: (1) That the plaintiff’s good will in the sale of Exhibit A centered “around the term ‘O’Sullivan’s Heel,’ ”…

2Cases cited6 opinions

  1. G. & C. Merriam Co. v. Syndicate Publishing Co.Supreme Court of the United States · 1915
  2. G. & C. Merriam Co. v. OgilvieCourt of Appeals for the First Circuit · 1908
  3. G. & C. Merriam Co. v. OgilvieCourt of Appeals for the First Circuit · 1909
  4. Yale & Towne Mfg. Co. v. Worcester Mfg. Co.Court of Appeals for the First Circuit · 1912
  5. Yale & Towne Mfg. Co. v. Worcester Mfg. Co.District Court, D. Massachusetts · 1913

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

3Cited by5 opinions

  1. Spangler Candy Co. v. Crystal Pure Candy Co.District Court, N.D. Illinois · 1964
  2. Potter-Wrightington, Inc. v. Ward Baking Co.District Court, D. Massachusetts · 1923
  3. Hi-Land Dairyman's Ass'n v. Cloverleaf DairyUtah Supreme Court · 1944
  4. Walworth Co. v. Moore Drop Forging Co.Court of Appeals for the First Circuit · 1927
  5. O'Sullivan Rubber Co. v. Genuine Rubber Co.District Court, D. Massachusetts · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API