Legal Opinion

No-D-Ka Dentifrice Co. v. S. S. Kresge Co.

District Court, D. Massachusetts

Decided February 29, 1928No. 2868PublishedCited by 5 opinions

1Opinion of the Court

BREWSTER, Circuit Judge.

This cause was originally brought in the state court and was removed to this court by the defendant.

The plaintiff in its bill of complaint alleges infringement of a registered trade-mark and also unfair competition.

The defendant in its answer has set up two defenses, which it asks the court to dispose of before final hearing on the merits. Equity rule No. 29.

The first of these defenses is in the nature of a motion to dismiss, and is based upon an apprehension that, if the defendant is compelled to go to trial in this district, inconvenience and hardship will result,…

2Cases cited17 opinions

  1. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
  2. Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
  3. Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
  4. Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
  5. Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888

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

3Cited by5 opinions

  1. Skinner Mfg. Co. v. General Foods Sales Co.District Court, D. Nebraska · 1943
  2. Folmer Graflex Corporation v. Graphic Photo ServiceDistrict Court, D. Massachusetts · 1942
  3. A. & H. Transportation, Inc. v. Save Way Stations, Inc.Court of Appeals of Maryland · 1957
  4. Dietene Co. v. Dietrim Co.District Court, D. Nebraska · 1954
  5. Shuptrine Co. v. Eucaline Medicine Co.District Court, N.D. Texas · 1930

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API