Legal Opinion
Adolf J. Mainzer, Inc. v. Gruberth
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1932PublishedCited by 10 opinions
1Opinion of the CourtMartin, J.
In this action the plaintiff seeks to recover damages and asks for an accounting and an order restraining the defendants, their employees, agents and others, both temporarily and permanently, from unfairly competing with plaintiff and infringing each of two trade-marks registered in the United States Patent Office, namely, the trade-mark “ Apricoating,” Registration No. 152869, and the picture of a baker or chef, Registration No. 207897.
Adolf J. Mainzer, Inc., and its predecessor have been engaged in the manufacture and sale of bakers’ specialties for many years. In 1921 the plaintiff’s…
2Cases cited3 opinions
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- Selchow v. . BakerNew York Court of Appeals · 1883
- American Tobacco Co. v. PolacsekU.S. Circuit Court for the District of Southern New York · 1909
3Cited by10 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Artype, Incorporated v. Joseph Zappulla, Doing Business as Art-Type ServiceCourt of Appeals for the Second Circuit · 1956
- American Chicle Co. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1954
- Flexitized, Inc. v. National Flexitized CorporationDistrict Court, S.D. New York · 1963
- Bengue v. American Pharmaceutical Co.New York Supreme Court · 1935
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