Wallace & Co. v. Repetti, Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern ‘District of New York. Suit in equity by Wallace & Co. against Repetti, Incorporated. Decree for complainant, and defendant appeals.
1Opinion of the Court
MANTON, Circuit Judge.
On January 14, 1913, the appellee was granted the registration of the name “Blue Bird” and the figure of a blue bird as a trade-mark for a candy box. The evidence indicates that this mark for the appellee’s goods was used from September, 1912. The District Court granted the appellee an injunction restraining the appellant from using the blue bird mark and also for an accounting. A comparison of the appellee’s box and that of the appellant shows the large figure of a blue bird in the upper left-hand corner of each box, above the phrase “Blue Bird for Happiness.” In the…
2Cases cited10 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
- Baglin v. Cusenier Co.Supreme Court of the United States · 1911
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3Cited by22 opinions
- Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
- Blue Bell, Inc. v. Farah Manufacturing Company, Inc.Court of Appeals for the Fifth Circuit · 1975
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
- Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
- Sweet Sixteen Co. v. Sweet "16" Shop, Inc.Court of Appeals for the Eighth Circuit · 1926
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