Legal Opinion

Winthrop Chemical Co. v. Blackman

New York Supreme Court

Decided April 27, 1936PublishedCited by 12 opinions

1Opinion of the Court

McLaughlin (Charles B.), J.

In granting a permanent injunction this court has directed that the defendants account for all the profits which had accrued to them as a result of their infringement of the plaintiff's trade-marks. The accounting was had before a referee and this motion involves the confirmation of his report.

The plaintiff moves to modify the referee’s report so that it be allowed as part of its damages the counsel fees incurred in the prosecution of this litigation. The referee has disallowed this claim and that decision seems to be in accord with the law of this State. It has…

2Cases cited8 opinions

  1. Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1906
  2. United States v. BernardCourt of Appeals for the Ninth Circuit · 1913
  3. Avalon Construction Corp. v. Kirch Holding Co.New York Court of Appeals · 1931
  4. Cutter v. . Gudebrod Brothers Co.New York Court of Appeals · 1907
  5. Oneida Community, Ltd. v. Oneida Game Trap Co.Appellate Division of the Supreme Court of the State of New York · 1915

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

3Cited by12 opinions

  1. Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
  2. I. H. P. Corp. v. 210 Central Park South Corp.Appellate Division of the Supreme Court of the State of New York · 1962
  3. Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
  4. Orkin Exterminating Co. of So. Fla., Inc. v. Truly Nolen, Inc.District Court of Appeal of Florida · 1960
  5. Mariani v. SummersNew York Supreme Court · 1944

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

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