Notaseme Hosiery Co. v. Straus
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York; John R. Hazel, Judge. Action by the Nótaseme Hosiery Company against Isidore Straus and others to restrain alleged infringement of the trade mark and for unfair competition. From a decree for defendants, complainant appeals.
1Per curiam
As we are of the opinion that the complainant may obtain adequate relief upon its charge of unfair competition, we think it unnecessary to examine the charge of trade-mark infringement. And as the latter phase of the case may be laid out of consideration, we are not required to determine the preliminary question whether the complainant, by its own deception in the use of its alleged trademark, was disentitled to ask its protection. _ Certainly no such deception is shown as would prevent the complainant from suing for unfair competition.
[ t ] The testimony shows that the complainant’s label…
2Cited by19 opinions
- Baltimore Bedding Corp. v. MosesCourt of Appeals of Maryland · 1943
- Federal Trade Commission v. BalmeCourt of Appeals for the Second Circuit · 1928
- Searchlight Gas Co. v. Prest-O-Lite Co.Court of Appeals for the Seventh Circuit · 1914
- Gamlen Chemical Co. v. GamlenDistrict Court, W.D. Pennsylvania · 1948
- National Picture Theatres, Inc. v. Foundation Film Corp.Court of Appeals for the Second Circuit · 1920
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