Legal Opinion

Hughes v. Alfred H. Smith Co.

Court of Appeals for the Second Circuit

Decided November 11, 1913No. 94PublishedCited by 13 opinions

Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, entered in favor of complainants restraining infringement óf a trade-mark.

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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, entered in favor of complainants restraining infringement óf a trade-mark. The trade-mark-was registered June 26, 1908, No. 54,282, being described as “the word ‘Ideal' ” shown in script, appropriated to brushes; the particular class of brushes to which it is appropriated being stated to he hairbrushes. It was registered by Henry D. Hughes, his application stating that “this trade-mark has been…

1Per curiam

[1] Judge Ray has exhaustively narrated the facts upon which both sides rely; reference may be to his opinion for the details of the transaction. In this opinion, unless otherwise indicated the word “Pearson” will be used as including the' original Pearson and his successors and the word “Hughes” will be used as including complainant’s predecessors in business.

On December 21, 1886, Pearson obtained United States Letters Patent, No. 345,583, for a single bristle rubber cushion “hair or other brush.” He had already taken out an English patent for the same device, so that his American patent…

2Cases cited2 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Thaddeus Davids Co. v. DavidsCourt of Appeals for the Second Circuit · 1910

3Cited by13 opinions

  1. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  2. Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
  3. Ross-Whitney Corp. v. Smith Kline & French LaboratoriesCourt of Appeals for the Ninth Circuit · 1953
  4. United States Ozone Co. v. United States Ozone Co. of AmericaCourt of Appeals for the Seventh Circuit · 1932
  5. President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916

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