Holeproof Hosiery Co. v. Wallach Bros.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Bill by the Holeproof Hosiery Company against Wallach Bros. From an order (167 Fed. 373) granting a preliminary injunction, defendant appeals.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Bill by the Holeproof Hosiery Company against Wallach Bros. From an order (167 Fed. 373) granting a preliminary injunction, defendant appeals. This cause comes here upon appeal from an order of the Circuit Court, Southern District of New York enjoining defendant: (1) From “using and employing in connection with the manufacture, advertising or sale of hosiery, not the product of complainant, the word ‘holeproof’ or any like word.” (2) From “supplying in response to requests for ‘Holeproof Socks,’ or…
1Opinion of the Court
RACOMBE, Circuit Judge.
Inasmuch as this is an appeal from a preliminary order, and it is quite possible that in some respects the record made at final hearing may differ from that which is now before us, it seems wise carefully to restrict the discussion of the questions presented on the argument, and briefly to indicate our conclusions as to the merits of the precise case here presented.
Defendant contends that complainant has no standing in a court of equity because the name it has applied to its hosiery “Holeproof” is false and misleading. We are not impressed by this argument. No one…
2Cited by22 opinions
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953
- General Shoe Corporation v. RosenCourt of Appeals for the Fourth Circuit · 1940
- Franklin Knitting Mills, Inc. v. Fashionit Sweater Mills, Inc.District Court, S.D. New York · 1923
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