Legal Opinion
Holt v. Metropolitan Refining Co.
District Court, E.D. New York
Decided January 31, 1935No. 7282PublishedCited by 1 opinion
1Opinion of the Court
CAMPBELL, District Judge.
This suit is brought on United States registered trade-mark No. 147,024, dated September 27, 1921, of the word “Rust-ICide,” application for which was filed by The Rusticide Company, an Ohio corporation, on December 16, 1920, and the certificate of registration states continuous use in business since October 8,1920.
•The bill also alleges infringement by defendant of the common-law rights to the trade-mark and for unfair competition by the defendant in using the name “Rust-ICide,” which forms the essential part of the business name of the plaintiff, and likewise formed…
2Cases cited20 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
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3Cited by1 opinion
- Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953