Legal Opinion
Lever Brothers Company v. American Bakeries Company
Court of Appeals for the Second Circuit
Decided November 3, 1982No. 223, Docket 82-7334PublishedCited by 70 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
The initial purpose of the trademark law was protection against application of the owner’s mark “to goods of the same description.” Hanover Star Milling Co. v. Metcalf, 240 U.S. 403, 412, 36 S.Ct. 357, 360, 60 L.Ed. 713 (1916). The idea, born of common sense, was that the purchaser had come to associate the relevant good qualities of the product with the mark. Use of the same, or a substantially similar, mark could deprive the first user of sales of the goods which the purchaser intended to buy. It was not long, however, before common sense also revealed the…
2Cases cited20 opinions
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
15 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Centaur Communications, Limited v. A/s/m Communications, Inc.Court of Appeals for the Second Circuit · 1987
- Starbucks Corp. v. Wolfe's Borough Coffee, Inc.Court of Appeals for the Second Circuit · 2009
- Universal City Studios, Inc. v. Nintendo Co., Ltd., Nintendo of America, Inc.Court of Appeals for the Second Circuit · 1984
- Braun Inc. And Braun Aktiengesellschaft, Plaintiffs/cross-Appellants v. Dynamics Corporation of AmericaCourt of Appeals for the Federal Circuit · 1992
65 more not listed; retrieve them via the Exa API.