Ely-Norris Safe Co. v. Mosler Safe Co.
Court of Appeals for the Second Circuit
1Opinion of the CourtHand, Circuit Judge
(after stating the facts as above).
This case is not the same as that before Mr. Justice Bradley in New York & Rosendale Co. v. Coplay Cement Co. (C. C.) 44 F. 277, 10 L. R. A. 833. The plaintiffs there manufactured cement at Rosendale, N. Y., but it did not appear that they were the only persons making cerner.t at that place. There was no reason, therefore, to assume that a customer of the defendant, deceived as to the place of origin of the defendant’s cement, and desiring to buy only such cement, would have bought of the plaintiffs. It resulted that the plaintiffs did not show any necessary…
2Cases cited4 opinions
- Federal Trade Commission v. Winsted Hosiery Co.Supreme Court of the United States · 1922
- American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
- Royal Baking Powder Co. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1922
- New York & R. Cement Co. v. Coplay Cement Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1890
3Cited by33 opinions
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
- Johnson & Johnson v. Carter-Wallace, Inc.Court of Appeals for the Second Circuit · 1980
- Paul Smith, an Individual v. Edward L. Montoro and Film Ventures International Inc.Court of Appeals for the Ninth Circuit · 1981
- California Apparel Creators v. Wieder of California, Inc.Court of Appeals for the Second Circuit · 1947
- Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
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