Legal Opinion
Musher Foundation, Inc. v. Alba Trading Co.
Court of Appeals for the Second Circuit
Decided March 23, 1942No. 212PublishedCited by 64 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The complainant, Musher Foundation, Inc., brought suit against Alba Trading Co. and in its amended complaint alleged (1) for a first cause of action, that the defendant by manufacturing and selling an oil under the brand name and registered trade-mark “Bertola” infringed three patents belonging to complainant and covering products and processes for an infusion of a sufficient amount of olive oil or olive paste into com oil to prevent rancidity; (2) for a second cause of action, that the defendant infringed complainant’s common law rights in the words “Infused,”…
2Cases cited8 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Menendez v. HoltSupreme Court of the United States · 1888
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- United States v. River Rouge Improvement Co.Supreme Court of the United States · 1926
- Collins v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
3 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Dery v. WyerCourt of Appeals for the Second Circuit · 1959
- Stauffer v. ExleyCourt of Appeals for the Ninth Circuit · 1950
- John P. O'Brien v. Westinghouse Electric CorporationCourt of Appeals for the Third Circuit · 1961
59 more not listed; retrieve them via the Exa API.