Legal Opinion

Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, Inc

Court of Appeals for the Seventh Circuit

Decided July 9, 1953No. 10808PublishedCited by 89 opinions

1Opinion of the Court

DUFFY, Circuit Judge.

In this action plaintiff charges the defendant with appropriating plaintiff’s trademark “Stronghold” by including “Stronghold” in its corporate name and applying “Stronghold” to a line of goods, which plaintiff claims is similar to that made and sold by it. The complaint also charges defendant with unfair competition.

After a trial the district court dismissed the complaint on the ground that plaintiff’s registered trade-mark “Stronghold” was not infringed; that the trade-mark “Stronghold” is descriptive, and that plaintiff did not establish a secondary meaning for it;…

2Cases cited21 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. Menendez v. HoltSupreme Court of the United States · 1888
  3. Northam Warren Corporation v. Universal Cosmetic Co.Court of Appeals for the Seventh Circuit · 1927
  4. Admiral Corp. v. Penco, Inc.Court of Appeals for the Second Circuit · 1953
  5. O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917

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

3Cited by89 opinions

  1. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  2. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  3. James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
  4. Am General Corporation and General Motors Corporation v. Daimlerchrysler CorporationCourt of Appeals for the Seventh Circuit · 2002
  5. Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968

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

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