Legal Opinion

Tolfree v. Wetzler

District Court, D. New Jersey

Decided October 10, 1927No. 2077PublishedCited by 8 opinions

1Opinion of the Court

CLARK, District Judge.

This is a bill in equity for the enforcement of rights arising out of a patent, No. 1,281,690, granted October 15, 1918. Plaintiff also complains of the infringement of a trade-mark (“X,” No. 115,684, registered February 27, 1917), and the unfair use of a trade-name (“X Liquid”). Defendants’ counsel promptly and candidly conceded that the “X” was sufficiently a dominant feature common to both marks to amount to trade-mark infringement in goods of the same descriptive property. They further admitted that the similarity in names was likely to deceive purchasers. A decree…

2Cases cited60 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Loom Co. v. HigginsSupreme Court of the United States · 1882
  3. Virginian Railway Co. v. United StatesSupreme Court of the United States · 1927
  4. Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
  5. McClain v. OrtmayerSupreme Court of the United States · 1891

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3Cited by8 opinions

  1. Feathercombs, Inc. v. Solo Products Corp.Court of Appeals for the Second Circuit · 1962
  2. Seymour v. Ford Motor Co.Court of Appeals for the Sixth Circuit · 1930
  3. Robinson v. DigaetanoCourt of Appeals for the Fifth Circuit · 1954
  4. Feathercombs, Inc., Plaintiff-Appellee-Cross-Appellant v. Solo Products Corporation, Defendant-Appellant-Cross-Appellee. Solo Products Corporation v. Feathercombs, Inc.Court of Appeals for the Second Circuit · 1962
  5. (PC) Spearman v. HillbergDistrict Court, E.D. California · 2024

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