Legal Opinion
Industrial Rayon Corp. v. Dutchess Underwear Corp.
District Court, S.D. New York
Decided January 21, 1937PublishedCited by 1 opinion
1Opinion of the Court
WOOLSEY, District Judge.
I dismiss the complaint herein on the merits but without costs.
I. This is a cause in equity between two Delaware corporations involving the alleged infringement by the defendant of the plaintiff’s trade-mark Spun-lo registered under the United States Trade-Mark Law —whence flows the subject matter jurisdiction of this court, title 15 United States Code § 81 et seq. (15 U.S.C.A. §§ 81 et seq.)—and a claim, based on the same facts, of unfair competition by the defendant with the plaintiff. The plaintiff asks for an injunction, but not for any accounting.
II. Although…
2Cases cited37 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
32 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Philadelphia Storage Battery Co. v. MindlinNew York Supreme Court · 1937