Legal Opinion

Morgenstern Chemical Co., Inc. v. Schering Corporation

Court of Appeals for the Third Circuit

Decided April 5, 1950No. 10096_1PublishedCited by 54 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

Plaintiff, Morgenstern Chemical Company, brought this suit in the District Court for the District of New Jersey for an injunction against the continued use by defendant, Shering Corporation, of the registered trade-mark, “Combisul”, which was alleged to be confusingly similar to the registered trade-mark, “Combinal”, owned by the plaintiff. The complaint also prayed for an accounting and damages. In its answer, the defendant denied that its trademark was confusingly similar to that of the plaintiff. The defendant alleged that the trade-marks were substantially…

2Cases cited19 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
  4. Ettelson v. Metropolitan Life InsuranceSupreme Court of the United States · 1943
  5. General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932

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

3Cited by54 opinions

  1. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  2. Chappell & Co., Inc., T. B. Harms Company, Williamson Music, Inc., Frank Loesser and Frank Music Corp. v. J. Jay FrankelCourt of Appeals for the Second Circuit · 1966
  3. Dave Fleischer, Individually and as Trustee in Dissolution of Fleischer Studios, Incorporated v. Louis Phillips (Phillips, Nizer, Benjamin & Krim)Court of Appeals for the Second Circuit · 1959
  4. Rodgers v. United States Steel Corp.Court of Appeals for the Third Circuit · 1975
  5. Telechron, Inc. v. ParissiCourt of Appeals for the Second Circuit · 1952

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

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