Legal Opinion

Dietene Company v. Dietrim Company and Vitamin Industries, Inc., a Corporation

Court of Appeals for the Eighth Circuit

Decided August 12, 1955No. 15164_1PublishedCited by 10 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

This is an appeal from a judgment dismissing upon the merits the complaint of the plaintiff (appellant) in an action for trade-mark infringement and unfair competition.

The plaintiff is a Minnesota corporation which brought this action upon the claim that it owns the trade-mark “Die-tene” for a fortified dietary food supplement which the plaintiff and its predecessors have been engaged in producing and distributing since January, 1934; that the trade-mark was registered November 19,1935, as No. 329,995, under the TradeMark Act of 1905, 33 Stat. 724; that the trade-mark…

2Cases cited9 opinions

  1. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
  2. Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
  3. Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
  4. Hanson v. Triangle Publications, Inc.Court of Appeals for the Eighth Circuit · 1947
  5. Douglas Laboratories Corp. v. Copper Tan, Inc.Court of Appeals for the Second Circuit · 1954

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Toys "R" US, Inc. v. Canarsie Kiddie Shop, Inc.District Court, E.D. New York · 1983
  2. Syntex Laboratories, Inc. v. Norwich Pharmacal Co.District Court, S.D. New York · 1970
  3. David Sherman Corporation, Doing Business as the Sarnoff Company v. Heublein, Inc., Doing Business as Ste Pierre Smirnoff, FlsCourt of Appeals for the Eighth Circuit · 1965
  4. Stewart Paint Mfg. Co., a Corporation v. United Hardware Distributing Co., a CorporationCourt of Appeals for the Eighth Circuit · 1958
  5. Bass Buster, Inc. v. Gapen Manufacturing Co.District Court, W.D. Missouri · 1976

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API