Legal Opinion

Natural Footwear Ltd. v. Hart Schaffner & Marx & Roots, Inc.

District Court, D. New Jersey

Decided December 8, 1983No. Civ. 79-2966PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BIUNNO, Senior District Judge.

This lawsuit involves the respective rights of Natural Footwear, Ltd., a Canadian corporation and Don Green and Michael Budman (collectively, “Natural”) on the one hand, and Hart, Schaffner & Marx and Roots, Inc., (collectively, “Roots”) to the use of the tradename and mark “Roots” in respect to the business of selling shoes, and other articles of apparel and as applied to the goods themselves.

Roots began operations in Jersey City in 1917 as a retail store founded by Adolph Root, selling articles of apparel and some housewares (such as curtains) of various…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Hanna v. PlumerSupreme Court of the United States · 1965
  4. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  5. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980

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3Cited by2 opinions

  1. Natural Footwear Ltd. v. Hart, Schaffner & MarxCourt of Appeals for the Third Circuit · 1985
  2. Natural Footwear Limited, a Corporation of the Province of Ontario Canada v. Hart, Schaffner & Marx, a New York Corporation, and Roots, Inc., a New Jersey Corporation. Roots, Inc., a New Jersey Corporation, Counterclaimant v. Don Green and Michael Budman, Individuals, and Natural Footwear Limited, a Corporation of the Province of Ontario, Canada, Counterdefendants. Appeal of Natural Footwear Limited, Don Green, and Michael Budman, and Counterclaim Natural Footwear Limited, a Corporation of the Province of Ontario Canada v. Hart, Schaffner & Marx, a New York Corporation, and Roots, Inc., a New Jersey Corporation. Roots, Inc., a New Jersey Corporation, Counterclaimant v. Don Green and Michael Budman, Individuals, and Natural Footwear Limited, a Corporation of the Province of Ontario, Canada, Counterdefendants. Appeal of Hart, Schaffner & Marx and Defendant-Counterclaimant Roots, IncCourt of Appeals for the Third Circuit · 1985

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