Jaros Hygienic Underwear Co. v. Fleece Hygienic Underwear Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
Hearing on bill, answer, and proofs. This was a suit in equity, charging infringement of certain trade-mark rights alleged to belong to the complainant. As originally filed, the bill of complaint also charged infringement of a certain patent. By amendment, all reference to the patent and charge of infringement thereof were subsequently withdrawn.
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Hearing on bill, answer, and proofs. This was a suit in equity, charging infringement of certain trade-mark rights alleged to belong to the complainant. As originally filed, the bill of complaint also charged infringement of a certain patent. By amendment, all reference to the patent and charge of infringement thereof were subsequently withdrawn. The bill set forth an allegation of title in the complainant and its iiredecessors in the words “Hygienic,” “Jaros Hygienic Wear,-’ “Wool Fleece Knit,” and in the symbol of the sun with projecting rays. It set forth that these four said trade-marks…
1Opinion of the Court
DALLAS, Circuit Judge.
The oral argument of the learned counsel of the complainant, and the brief which he has submitted, have, I believe, presented as forcibly as possible every consideration which could be urged on its behalf; but I have not been persuaded that it is entitled to the relief which it seeks. I do not deem it necessary to detail the facts, or to discuss the familiar principles of law which have been debated at bar. It must suffice to say that I am of opinion that the final decree of the Massachusetts court in the case of this complainant against the William H. Richardson Company…
2Cases cited4 opinions
- Castle v. . NoyesNew York Court of Appeals · 1856
- Lyon v. Perin & Gafe Manufacturing Co.Supreme Court of the United States · 1888
- Glen Cove Manuf'g Co. v. LudelingU.S. Circuit Court for the District of Southern New York · 1885
- Billing v. GilmerCourt of Appeals for the Fifth Circuit · 1894
3Cited by1 opinion
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908