Legal Opinion

Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.

New York Court of Appeals

Decided March 8, 1938PublishedCited by 56 opinions

1Opinion of the CourtRippey, J.

The plaintiff charges the defendants with unfair practices by which they have unlawfully appropriated or have threatened unlawfully to appropriate to themselves the good will which plaintiff has built up in the business of rendering fabrics, clothing and various other merchandise moth-repellent, water, spot and perspiration resistant and soil proof by means of chemical processing together with its property rights in the trademark or trade name of “ Neva-Wet ” and trade-mark consisting of a representation of a “ duck in the rain,” coupled with the slogan “ sheds water like a duck’s back,” when…

2Cases cited27 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  3. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  4. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  5. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905

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3Cited by56 opinions

  1. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  2. Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
  3. ITC Ltd. v. Punchgini, Inc.New York Court of Appeals · 2007
  4. Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
  5. Dial-A-Mattress Operating Corp. v. Mattress Madness, Inc.District Court, E.D. New York · 1994

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