Legal Opinion

Taylor Wine Company, Inc. v. Bully Hill Vineyards, Inc.

Court of Appeals for the Second Circuit

Decided January 3, 1978No. 296, Docket 77-7441PublishedCited by 78 opinions

1Opinion of the Court

GURFEIN, Circuit Judge:

Bully Hill Vineyards, Inc. appeals from a preliminary injunction order issued by the U.S. District Court of the Western District of New York, Burke, J., on August 10, 1977, enjoining it from using and infringing the trademarks owned by the plaintiff, the Taylor Wine Company, Inc., and from engaging in acts of unfair competition. There was no trial below. The injunction was granted on findings of fact and conclusions of law based upon the affidavits submitted. 1

The broad order enjoined Bully Hill from using the word “Taylor” or any colorable imitation thereof in…

2Cases cited28 opinions

  1. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
  2. Triebwasser & Katz, a Partnership Consisting of Jonah Triebwasser and William Katz v. American Telephone & Telegraph CompanyCourt of Appeals for the Second Circuit · 1976
  3. Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & SonsCourt of Appeals for the Second Circuit · 1975
  4. The State of New York v. The Nuclear Regulatory CommissionCourt of Appeals for the Second Circuit · 1977
  5. Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891

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3Cited by78 opinions

  1. Perini Corporation v. Perini Construction, Inc.Court of Appeals for the Fourth Circuit · 1990
  2. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
  3. Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
  4. E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
  5. Guggenheim Capital, LLC v. BirnbaumCourt of Appeals for the Second Circuit · 2013

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