Legal Opinion

Carolyn Chenilles, Inc. v. Ostow & Jacobs, Inc.

District Court, S.D. New York

Decided December 30, 1958PublishedCited by 16 opinions

1Opinion of the Court

IRVING R. KAUFMAN, District Judge.

Defendants in this action for patent infringment and unfair competition, move pursuant to Rule 12(b), Fed.Rules Civ.Proc., 28 U.S.C.A. for the dismissal of the complaint on the grounds that venue is not properly laid in this district. The motion is denied in all respects.

The plaintiff, Carolyn Chenilles, Inc., manufactures and sells bedspreads which are distinguished by regular lines of separated tufts sewn into the material. Plaintiff asserts that this tufted fabric has come to be associated by the trade and by the public with products made by the plaintiff.…

2Cases cited11 opinions

  1. Hurn v. OurslerSupreme Court of the United States · 1933
  2. Fourco Glass Co. v. Transmirra Products Corp.Supreme Court of the United States · 1957
  3. Urquhart v. American-La France Foamite CorporationCourt of Appeals for the D.C. Circuit · 1944
  4. Alvin M. Marks v. Polaroid CorporationCourt of Appeals for the First Circuit · 1956
  5. Shelton v. SchwartzCourt of Appeals for the Seventh Circuit · 1942

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

3Cited by16 opinions

  1. Martin John Beattie v. United StatesCourt of Appeals for the D.C. Circuit · 1984
  2. Stanley Works v. Globemaster, Inc.District Court, D. Massachusetts · 1975
  3. Eversharp, Inc. v. Fisher Pen Co.District Court, N.D. Illinois · 1961
  4. Rodriguez v. ChandlerDistrict Court, S.D. New York · 1986
  5. Mihalek Corp. v. State of Mich.District Court, E.D. Michigan · 1984

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

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