Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Suit by the Scandinavia Belting Company against the Asbestos & Rubber Works of America, Incorporated, for an injunction to- restrain the use of a trade-mark and unfair competition. From a decree denying complainant’s right to a trade-mark, but granting injunction on the ground of unfair competition, both complainant and defendant appeal.
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Appeals from the District Court of the United States for the Southern District of New York. Suit by the Scandinavia Belting Company against the Asbestos & Rubber Works of America, Incorporated, for an injunction to- restrain the use of a trade-mark and unfair competition. From a decree denying complainant’s right to a trade-mark, but granting injunction on the ground of unfair competition, both complainant and defendant appeal. This cause comes hero on appeal from the United States District Court for the Southern District of New York. The plaintiff is a corporation organized and existing…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This suit is brought in an attempt to secure to the plaintiff the exclusive use of the name “Scandinavia” as applied to belting. The plaintiff claims that it has a trade-mark in that name, both by virtue of the common law and by the registration of the name under the act of Congress providing for the registration of trade-marks.
[1] It has been said frequently that the doctrine of exclusive property in trade-marks has prevailed from the time of the Year Books. But an examination of the record hardly justifies the statement, in the opinion of Mr. Upton, who…
2Cases cited45 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
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3Cited by53 opinions
- Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
- George W. Luft Co. v. Zande Cosmetic Co.Court of Appeals for the Second Circuit · 1944
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
- G. H. Mumm Champagne v. Eastern Wine Corp.Court of Appeals for the Second Circuit · 1944
- Emerson Electric Mfg. Co. v. Emerson Radio & Phonograph Corp.Court of Appeals for the Second Circuit · 1939
48 more not listed; retrieve them via the Exa API.