National Casket Co. v. New York & Brooklyn Casket Co.
District Court, S.D. New York
In Equity. Bill by the National Casket Company .against the New York & Brooklyn Casket Company. On demurrer to bill of complaint.
1Opinion of the Court
LACOMBE, Circuit Judge.
The first two grounds of demurrer are that the bill of complaint shows that this court has “no jurisdiction of the alleged cause of action in so far as it is laid in alleged unfair competition,” and also shows that this court has “no jurisdiction of the alleged cause of action in so far as it is laid in alleged violation of trade-mark.”
Both parties are residents of this state. The complainant owns a design patent, which it is alleged defendant infringes, a controversy of which this court has jurisdiction. It holds no trade-mark under the federal statutes, and of any…
2Cases cited3 opinions
- Hutchinson, Pierce & Co. v. LoewyCourt of Appeals for the Second Circuit · 1908
- Burt v. SmithCourt of Appeals for the Second Circuit · 1895
- Cheney Bros. v. Weinreb & WeinrebDistrict Court, S.D. New York · 1910
3Cited by10 opinions
- Electric Boat Co. v. Lake Torpedo Boat Co.District Court, D. New Jersey · 1914
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Ingrassia v. ACW Mfg. CorporationCourt of Appeals for the Second Circuit · 1928
- Gallardo v. Santini Fertilizer Co.Court of Appeals for the First Circuit · 1926
- Johnston v. Brass Goods Mfg. Co.District Court, E.D. New York · 1912
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