Legal Opinion

Graf Bros. v. Marks

District Court, E.D. New York

Decided January 2, 1929PublishedCited by 3 opinions

1Opinion of the Court

CAMPBELL, D. J.

Plaintiff sues to restrain an alleged infringement of a registered trade-mark and for damages, and defendant counterclaims for alleged unfair competition.

In December, 1914, Osear L. Graf, who had' been manufacturing manicure preparations including nail polish in cake and p.owder form under the mark of HYGLO, applied for registration, which was granted March 16, 1925. The goods to which the mark was appropriated included nail polish.

The mark is shown in the application in straight block type.

Manicure preparations w?re manufactured and sold by the father of Joseph L. Graf, who…

2Cases cited12 opinions

  1. Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
  2. Northam Warren Corporation v. Universal Cosmetic Co.Court of Appeals for the Seventh Circuit · 1927
  3. Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
  4. Keasbey v. Brooklyn Chemical WorksNew York Court of Appeals · 1894
  5. S. R. Feil Co. v. John E. Robbins Co.Court of Appeals for the Seventh Circuit · 1915

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3Cited by3 opinions

  1. Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
  2. Hercules Powder Co. v. Rohm & Haas Co.District Court, D. Delaware · 1946
  3. Winget Kickernick Co. v. La Mode Garment Co.District Court, N.D. Illinois · 1930

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