Legal Opinion

Duryea v. National Starch-Manuf'g Co.

Court of Appeals for the Second Circuit

Decided February 23, 1897PublishedCited by 5 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. This was a suit iu equity by the National Starch-Manufacturing Company against Harry H. Duryea and others to enjoin the use of the word “Duryea & Co.” in connection with starch sold by defendants. The circuit court granted an injunction pendente lite, and defendants appealed.

1Opinion of the Court

SHIPMAN, Circuit Judge.

In 1855 Hiram Duryea aud his brothers became the controlling officers and members of a corporation located at Cien Cove, Long Maud, for the manufacture of edible and la,undry starch, which continued in active business, under the control of the Duryeas, until .1890, and was known during the latter part of i1s history as the Gflen Cove Manufacturing Company. The products of its extensive factories acquired a high and well-known reputation. Upon its packages the name “Duryea’s Starch” was always prominently printed, generally in connection with adjectives denoting its…

2Cases cited1 opinion

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896

3Cited by5 opinions

  1. Madrigal Audio Laboratories, Inc., Cross-Appellant v. Cello, Ltd., and Mark Levinson, Cross-AppelleesCourt of Appeals for the Second Circuit · 1986
  2. Walter Baker & Co. v. SandersCourt of Appeals for the Second Circuit · 1897
  3. Bissell Chilled Plow Works v. T. M. Bissell Plow Co.U.S. Circuit Court for the District of Western Michigan · 1902
  4. Piggly Wiggly Corporation v. SaundersDistrict Court, W.D. Tennessee · 1924
  5. National Starch Mfg. Co. v. DuryeaCourt of Appeals for the Second Circuit · 1900

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