Legal Opinion
Industrial Rayon Corp. v. Dutchess Underwear Corp.
Court of Appeals for the Second Circuit
Decided July 19, 1937No. 424PublishedCited by 39 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
This is a suit to enjoin infringement of complainant’s registered trade-mark “Spun-lo” and to restrain unfair competition by the defendant because of the use of the mark “Sunglo” by the latter on competing goods. No accounting is prayed for. The District Court dismissed the bill on the ground that the word “Sunglo” had been used by others prior to registration or use of “Spun-lo” by the complainant, and the latter appeals. For reasons to be stated, we differ with the conclusion and think the complainant’s prayer should be granted.
The goods to which the…
2Cases cited4 opinions
- Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
- L. E. Waterman Co. v. GordonCourt of Appeals for the Second Circuit · 1934
- DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
- Ubeda v. ZialcitaSupreme Court of the United States · 1913
3Cited by39 opinions
- Dorothy Ruth Pirone, Julia Ruth Stevens, Babe Ruth League, Incorporated and Curtis Management Group, Incorporated v. MacMillan IncorporatedCourt of Appeals for the Second Circuit · 1990
- LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
- L.L. Bean, Inc. v. Drake Publishers, Inc.Court of Appeals for the First Circuit · 1987
- Standard Brands, Inc. v. SmidlerCourt of Appeals for the Second Circuit · 1945
- Power Test Petroleum Distributors, Inc. v. Calcu Gas, Inc. And Yonkers Overpass Equities Corp., Yonkers Overpass Equities Corp.Court of Appeals for the Second Circuit · 1985
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