Legal Opinion

Artype, Incorporated v. Joseph Zappulla, Doing Business as Art-Type Service

Court of Appeals for the Second Circuit

Decided January 3, 1956No. 23500_1PublishedCited by 23 opinions

1Opinion of the Court

HAND, Circuit Judge.

The complaint in this case was upon two claims for relief: one, for the infringement of Registered Trade-Mark No. 509850; the other, for unfair competition. The trade-mark was the word, “Artype,” “when used upon letters, symbols, marks, insignia, and similar matter capable of conveying intelligence, applied by various reproducing processes to transparent self-adhering sheets, adapted to be cut up for application of desired portions of said matter to various advertising.” The claim for relief for un< fair competition was based on the “plaintiff’s common law rights in its…

2Cases cited12 opinions

  1. Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
  2. DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
  3. American Chicle Co. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1953
  4. Selchow v. . BakerNew York Court of Appeals · 1883
  5. Keasbey v. Brooklyn Chemical WorksNew York Court of Appeals · 1894

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3Cited by23 opinions

  1. Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
  2. La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New YorkCourt of Appeals for the Second Circuit · 1974
  3. Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
  4. Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
  5. 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

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