Legal Opinion

Ironite Co. v. Guarantee Waterproofing Co.

Court of Appeals for the Eighth Circuit

Decided March 30, 1933No. 9495PublishedCited by 6 opinions

1Opinion of the Court

STONE, Circuit Judge.

This is a trade-mark and unfair competition action. ° The plaintiffs prayed an injunction, an accounting for gains and profits, and damages. At the conclusion of the evidence, the court entered a decree dismissing the bill for want of jurisdiction.

The opinion of the court sets forth the reasons for the decree. The court determined that the action for trade-mark infringement must be based upon section 96, title 15, USCA; that this section required three essentials to an actionable infringement of a registered trade-mark, which were (1) a reproduction or imitation of the…

2Cases cited7 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Second Employers'liability CasesSupreme Court of the United States · 1912
  3. United States v. SteffensSupreme Court of the United States · 1879
  4. Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
  5. Taylor v. BostickCourt of Appeals for the Third Circuit · 1924

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

3Cited by6 opinions

  1. Admiral Corp. v. Penco, Inc.Court of Appeals for the Second Circuit · 1953
  2. Pure Oil Co. v. Puritan Oil Co.Court of Appeals for the Second Circuit · 1942
  3. Liberty Mutual Insurance Co. v. Liberty Ins. Co. of Tex.District Court, E.D. Arkansas · 1960
  4. Pure Oil Co. v. Puritan Oil Co.District Court, D. Connecticut · 1941
  5. Admiral Corp. v. Penco, Inc.District Court, W.D. New York · 1952

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

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