Legal Opinion
Kaumagraph Co. v. General Trade Mark Corporation
District Court, S.D. New York
Decided March 25, 1935PublishedCited by 7 opinions
1Opinion of the Court
PATTERSON, District Judge.
The suit is one in equity for infringement of patent. The defendant’s answer, after denials, sets up a counterclaim for unfair competition. The substance of the counterclaim is that the plaintiff has maliciously and in bad faith threatened the defendant’s customers with patent litigation under the patent sued on, and, unless enjoined, will continue to do the defendant irreparable injury. The present motion is by the plaintiff to dismiss the counterclaim for lack of jurisdiction. There is no diversity of citizenship.
There is an unfortunate division of opinion on the…
2Cases cited15 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
- American Mills Co. v. American Surety Co.Supreme Court of the United States · 1922
- Cross v. De ValleSupreme Court of the United States · 1863
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Federman v. Empire Fire And Marine Insurance CompanyCourt of Appeals for the Second Circuit · 1979
- Texas and New Orleans Railroad Company, Missouri Pacific Railroad Company and the Texas Mexican Railway Company v. Brotherhood of Railroad TrainmenCourt of Appeals for the Fifth Circuit · 1962
- Lewis v. United Air Lines Transport CorporationDistrict Court, D. Connecticut · 1939
- Dewey & Almy Chemical Co. v. Johnson, Drake & Piper, Inc.District Court, E.D. New York · 1939
- Federman v. Empire Fire & Marine InsuranceCourt of Appeals for the Second Circuit · 1979
2 more not listed; retrieve them via the Exa API.