Gorham Mfg. Co. v. Di Salvo
District Court, S.D. New York
In Equity. Suit by the Gorham Manufacturing Company against Bernard Di Salvo and John Di Salvo. On final hearing. Decree for complainant.
1Opinion of the Court
HAZED, District Judge.
What has already been said in the actions against F. & M. Weintraub (post) and against A. Schmidt & Son (196 Fed. 955), regarding the validity of complainant’s trademark and infringement, applies in this action. The defendants, besides selling silverware, keep an antique shop. It is quite believable that connoisseurs in silverware, when seeing the complainant’s trade-mark impressed on what they assume to be a secondhand piece of silverware, would be misled into buying it in the belief that it was complainant’s production. It is not altogether unlikely that a dealer in…
2Cases cited5 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Gannert v. RupertCourt of Appeals for the Second Circuit · 1904
- Lever Bros. v. PasfieldU.S. Circuit Court for the District of Eastern New York · 1898
- Low v. FelsUnited States Circuit Court · 1888
- Gorham Mfg. Co. v. SchmidtDistrict Court, S.D. New York · 1912