Legal Opinion
Mortellito v. Nina of California, Inc.
District Court, S.D. New York
Decided January 6, 1972No. 71 Civ. 4346PublishedCited by 62 opinions
1Opinion of the Court
GURFEIN, District Judge.
This is an action to enjoin alleged violation of the Lanham Act (15 U.S.C. §§ 3051-1127), to enjoin alleged unfair competition, and to obtain an accounting of gains and profits derived from the unfair competition, as well as judgment for compensatory and punitive damages against certain of the defendants. 1 The jurisdiction of the Court is founded on 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a). Pendent jurisdiction is alleged with respect to the unfair competition claims under New York law, relying on 28 U.S. C. § 1338(b). 2
The action is brought by Nina Mortellito (Nina)…
2Cases cited21 opinions
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
16 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
- Conagra, Inc., a Corporation v. Robert C. Singleton, an Individual, D/B/A Singleton Shrimp Boats, Singleton Shrimp Boats, Inc., a CorporationCourt of Appeals for the Eleventh Circuit · 1984
- Keebler Company v. Rovira Biscuit Corporation, Keebler Company v. Rovira Biscuit CorporationCourt of Appeals for the First Circuit · 1980
- Quabaug Rubber Company v. Fabiano Shoe Co., Inc.Court of Appeals for the First Circuit · 1977
- Terry Gilliam, Plaintiffs-Appellants-Appellees v. American Broadcasting Companies, Inc., Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1976
57 more not listed; retrieve them via the Exa API.