Miss Susan, Inc. v. Enterprise & Century Undergarment Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
For several years prior to the institution of this action the parties were competitors engaged in the manufacture and sale of women’s undergarments, including slips. In September, 1941, respondents designed a woman’s slip, the distinguishing features of which made it somewhat unique. The trade-mark “ Pace-Maker ” was applied to the garment. A woven fabric label bearing the trade-mark was sewn on each slip. Respondents also caused to be attached to each garment a distinctive paper label showing the special features of the slip.
Respondents enjoyed much success with the “ Pace-Maker ” slip. The…
2Cases cited14 opinions
- Colman v. . CrumpNew York Court of Appeals · 1877
- Avalon Construction Corp. v. Kirch Holding Co.New York Court of Appeals · 1931
- Winifred Warren, Inc. v. Turner's Gowns, Ltd.New York Court of Appeals · 1941
- Agostini v. StateAppellate Division of the Supreme Court of the State of New York · 1938
- Rollin v. Grand Store Fixture Co.Appellate Division of the Supreme Court of the State of New York · 1930
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3Cited by22 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Lybrand v. LevittAppellate Division of the Supreme Court of the State of New York · 1976
- Central Trust Co. v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1979
- Regan v. LanzeAppellate Division of the Supreme Court of the State of New York · 1975
- Mavco, Inc. v. Hampden Sales Ass'nAppellate Division of the Supreme Court of the State of New York · 1948
17 more not listed; retrieve them via the Exa API.