Legal Opinion

Dwinell-Wright Co. v. National Fruit Product Co.

Court of Appeals for the First Circuit

Decided July 16, 1942No. 3773PublishedCited by 18 opinions

1Opinion of the Court

WOODBURY, Circuit Judge.

This appeal is from an interlocutory order enjoining the appellant, the defendant below, “from prosecuting or taking any further step”, in a proceeding brought by it in the United States Patent Office for the cancellation of five certificates of trademark registration 1 previously issued to the plaintiff-appellee.

For convenience the parties will be referred to hereafter simply as the plaintiff and defendant.

On July 29, 1941, the plaintiff, a Virginia corporation, filed a complaint in the district court alleging that it was the owner of five registrations under the…

2Cases cited16 opinions

  1. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  2. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  3. Crosley Corporation v. Hazeltine CorporationCourt of Appeals for the Third Circuit · 1941
  4. Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
  5. A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.Supreme Court of the United States · 1906

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

3Cited by18 opinions

  1. Larry Marshak v. Faye Treadwell Treadwell Drifters, Inc the Drifters, Inc. Bowen Agency Ltd/admiral TalentCourt of Appeals for the Third Circuit · 2001
  2. Katz v. Lear Siegler, Inc.Court of Appeals for the Federal Circuit · 1990
  3. Alamance Industries, Inc. v. Filene'sCourt of Appeals for the First Circuit · 1961
  4. Simmonds Aerocessories, Limited, Appelant v. Elastic Stop Nut Corporation of AmericaCourt of Appeals for the Third Circuit · 1958
  5. National Fruit Product Co. v. Dwinell-Wright Co.District Court, D. Massachusetts · 1942

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

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