Legal Opinion
Benrose Fabrics Corp. v. Rosenstein
Court of Appeals for the Seventh Circuit
Decided July 10, 1950No. 10042_1PublishedCited by 25 opinions
1Opinion of the Court
LINDLEY, Circuit Judge.
The suit of plaintiff, owner of registrations No. 504803, No. 418949 and No. 422622 of the trade-mark “Benrose,” charging defendants with infringement and unfair competition having resulted in judgment for defendants, plaintiff appeals. It contends (1) that the proof clearly reflects likelihood of confusion of source of origin between defendants’ trade-name “Ben Rose” and plaintiff’s trade-mark and trade-name “Benrose,” (2) that, though in “the absence of a self-imposed restraint, a person has the right to use his name in' conducting his business,” as the trial court…
2Cases cited8 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United States v. SteffensSupreme Court of the United States · 1879
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Shapiro v. RubensCourt of Appeals for the Seventh Circuit · 1948
- Philco Corporation v. F. & B. MFG. CO.Court of Appeals for the Seventh Circuit · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Tri-Tron International, a Montana Corporation v. A. A. Velto and William Wurz, Etc.Court of Appeals for the Ninth Circuit · 1975
- Central Ry. Signal Co. v. LongdenCourt of Appeals for the Seventh Circuit · 1952
- J. Michael Teets, Plaintiff/cross-Appellant v. Chromalloy Gas Turbine CorporationCourt of Appeals for the Federal Circuit · 1996
- Sidney J. Friedman, D.B.A. Wyandotte Mattress Company v. Sealy, IncorporatedCourt of Appeals for the Tenth Circuit · 1960
- George C. Houck, Jr. v. H. I. Hinds, Individually and as Collector of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
20 more not listed; retrieve them via the Exa API.