Legal Opinion
Hyde Park Clothes, Inc. v. Hyde Park Fashions, Inc.
Court of Appeals for the Second Circuit
Decided April 29, 1953No. 22342_1PublishedCited by 36 opinions
1Opinion of the Court
SWAN, Chief Judge.
This is an appeal by the plaintiff from a judgment dismissing its complaint on the merits, after a trial, in a suit charging infringement of a registered trade-mark and unfair competition. Federal jurisdiction was based on the Trade Mark Act of 1946, IS U.S.C.A. §§ 1114, 1121, with pendent jurisdiction under 28 U.S.C.A. § 1338(b) as to the claim of unfair competition, and also on diversity of citizenship, 28 U.S. C.A. § 1332. Plaintiff’s trade-mark, registered January 2, 1923 as No. 163,111 under the Act of February 20, 1905, showed the words “Hyde Park” in combination with…
2Cases cited14 opinions
- S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949
- Triangle Publications, Inc. v. RohrlichCourt of Appeals for the Second Circuit · 1948
- Miles Shoes, Inc. v. R. H. MacY & Co., IncCourt of Appeals for the Second Circuit · 1952
- Admiral Corp. v. Penco, Inc.Court of Appeals for the Second Circuit · 1953
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
9 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John WanamakerCourt of Appeals for the Second Circuit · 1960
- Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
- Pure Foods, Inc. v. Minute Maid Corp.Court of Appeals for the Fifth Circuit · 1954
- In Re Loew's Theatres, Inc.Court of Appeals for the Federal Circuit · 1985
31 more not listed; retrieve them via the Exa API.