Legal Opinion
Folmer Graflex Corp. v. Graphic Photo Service
District Court, D. Massachusetts
Decided December 18, 1940No. 972PublishedCited by 2 opinions
1Opinion of the Court
BREWSTER, District Judge.
In this action defendants have moved to dismiss on the sole ground that the complaint fails to state a claim upon which relief can be granted. The defendants, doing business as the Graphic Photo Service Corporation, are charged with the infringement of the trade-mark “Graphic” and with unfair competition.
Plaintiff, in its complaint, alleges the wide and continuous use, since 1896, of the word “Graphic” to distinguish cameras and photographic supplies manufactured by it or its predecessors from similar products *964manufactured by others; that the trademark has been…
2Cases cited11 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
- Uproar Co. v. National Broadcasting Co.Court of Appeals for the First Circuit · 1936
- Kaufman v. KaufmanMassachusetts Supreme Judicial Court · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Time, Inc. v. T.I.M.E. Inc.District Court, S.D. California · 1954
- Time, Inc. v. TIME INC.District Court, S.D. California · 1954