Legal Opinion

Defiance Button MacHine Company v. C & C Metal Products Corp. And Defiance Button MacHine Company, Inc.

Court of Appeals for the Second Circuit

Decided April 4, 1985No. 511, Docket 84-7775PublishedCited by 123 opinions

1Opinion of the Court

MANSFIELD, Circuit Judge:

Defiance Button Machine Company (Defiance-NY), a New York corporation, appeals from an order and judgment of the Southern District of New York, entered after a non-jury trial before Judge Gerard L. Goettel, dismissing its complaint under the Lanham Act, 15 U.S.C. §§ 1051-1127 (1982), which seeks injunctive relief against defendants’ use of its trademark DEFIANCE and trade name Defiance and damages. Plaintiff also appeals from the dismissal of its claim of alleged conversion of its customer lists and from the district court’s refusal to permit it to amend its complaint…

2Cases cited27 opinions

  1. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  2. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  3. Kewanee Oil Co. v. Bicron Corp.Supreme Court of the United States · 1974
  4. Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
  5. Prestonettes, Inc. v. CotySupreme Court of the United States · 1924

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3Cited by123 opinions

  1. Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
  2. George & Co. LLC v. Imagination Entertainment Ltd.Court of Appeals for the Fourth Circuit · 2009
  3. North Atlantic Instruments, Inc., Plaintiff-Counter-Defendant-Appellee v. Fred Haber and Apex Signal Corp., Defendants-Counter-Claimants-AppellantsCourt of Appeals for the Second Circuit · 1999
  4. Hermes International v. Lederer De Paris Fifth Avenue, Inc. And Artbag Creations, Inc.Court of Appeals for the Second Circuit · 2000
  5. Pappan Enterprises, Inc. v. Hardee's Food Systems, Inc. Mro Mid-Atlantic Corp. v. Louis D. Pappan Panagiota PappanCourt of Appeals for the Third Circuit · 1998

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