Legal Opinion

Pinaud, Inc. v. Huebschman

District Court, E.D. New York

Decided January 30, 1928No. 2966PublishedCited by 9 opinions

1Opinion of the Court

INCH, District Judge.

Plaintiff complains that defendant has unlawfully appropriated and infringed certain trade-marks of plaintiff’s, and also alleges that an unfair competition is being carried on by defendant, to plaintiff’s injury.

Both the plaintiff and the defendant are residents of the same state, to wit, state of New York. This being undisputed, the defendant at the outset, and also at the end, of plaintiff’s case, moved to dismiss the cause of action for unfair competition.

While it has been stated that the “common law of trade-marks is but * * * the broader law of unfair competition”…

2Cases cited29 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. McLean v. FlemingSupreme Court of the United States · 1878
  3. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  4. Canal Co. v. ClarkSupreme Court of the United States · 1872
  5. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901

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

3Cited by9 opinions

  1. Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
  2. Aloe Creme Laboratories, Inc. v. Milsan, Inc.Court of Appeals for the Fifth Circuit · 1970
  3. American Aloe Corporation v. Aloe Creme Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1970
  4. Aztar Corp. v. NY ENTERTAINMENT, LLCDistrict Court, E.D. New York · 1998
  5. Cooperativa de Cafeteros de Puerto Rico v. Colón ColónSupreme Court of Puerto Rico · 1964

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

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