Legal Opinion
Rca Mfg. Co. v. Columbia Recording Corp.
District Court, S.D. New York
Decided November 7, 1940PublishedCited by 2 opinions
1Opinion of the Court
LEI'BELL, District Judge.
This is a motion by the two Columbia defendants for a bill of particulars and 'to strike out certain paragraphs of the complaint on the ground that they are immaterial and impertinent. The bill of particulars has been agreed to and only the motion to strike will be considered.
The action is for injunctive relief, an accounting and treble damages, based on alleged trade-mark infringement and unfair competition. The complaint is in a single count.
As to jurisdiction, the complaint alleges a claim for trade-mark infringement and unfair competition; diversity of citizenship…
2Cases cited16 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Levering & Garrigues Co. v. MorrinCourt of Appeals for the Second Circuit · 1932
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Golconda Petroleum Corporation v. Petrol CorporationDistrict Court, S.D. California · 1942
- Daniels v. BarfieldDistrict Court, E.D. Pennsylvania · 1947