Legal Opinion

Martha Washington Candies Co. v. Martha Washington Ice Cream Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1952PublishedCited by 7 opinions

1Per curiam

This is a suit in equity for an injunction and damages by Martha Washington Candies Co., Inc., based upon trade-mark infringement and unfair competition in defendants ’ adoption and use of the name “ Martha Washington ” as their trade-mark in the marketing of frozen confectionery products. After a trial had before an Official Eeferee, a judgment was rendered dismissing the complaint. Plaintiff appeals.

The evidence showed that the name “ Martha Washington ” was adopted by plaintiff’s predecessor in 1892 in the distribution of candies. Since, it has been used by him and by his successors who…

2Cases cited8 opinions

  1. Tiffany & Co. v. Tiffany Productions, Inc.New York Supreme Court · 1932
  2. Tiffany & Co. v. Tiffany Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  3. Tiffany Company v. Tiffany Productions, Inc.New York Court of Appeals · 1933
  4. Long's Hat Stores Corp. v. Long's Clothes, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
  5. John Forsythe Co. v. Forsythe Shoe Corp.Appellate Division of the Supreme Court of the State of New York · 1932

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3Cited by7 opinions

  1. Adrian v. UntermanAppellate Division of the Supreme Court of the State of New York · 1952
  2. Albro Metal Products Corp. v. AlperAppellate Division of the Supreme Court of the State of New York · 1952
  3. Camloc Fastener Corp. v. OPW Corp.District Court, S.D. New York · 1958
  4. Cliffcorn Answering Service, Inc. v. DeutschelNew York Supreme Court · 1960
  5. Bargain Barn, Inc. v. ZipperNew York Supreme Court · 1959

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