Legal Opinion
France Milling Co. v. Washburn-Crosby Co.
Court of Appeals for the Second Circuit
Decided April 6, 1925No. 311PublishedCited by 68 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). There was a good deal said at bar about fraud and wrongdoing, which we lay entirely aside. The reason for France’s assumption of Gold Medal in 1905 was pardonable pride in his prize; there was no intent on Ms part to trade on Wash-burn’s fame, nor is there any evidence that he ever did so trade.
We likewise lay aside all arguments based on, registration of marks; these litigants must both stand on what are usually (and not very accurately) called their “common-law” rights, aided by such equities derived from conduct and lapse of time as may serve them.
Franee…
2Cases cited6 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
- Anheuser-Busch, Inc. v. Budweiser Malt Products Corp.Court of Appeals for the Second Circuit · 1923
- Pabst Brewing Co. v. Decatur Brewing Co.Court of Appeals for the Seventh Circuit · 1922
- Thomas J. Carroll & Son Co. v. McIlvaine & BaldwinCourt of Appeals for the Second Circuit · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Triumph Hosiery Mills, Inc. v. Triumph International Corporation and Triumph of Europe, Inc.Court of Appeals for the Second Circuit · 1962
- Dwinell-Wright Co. v. National Fruit Product Co.Court of Appeals for the First Circuit · 1944
- Plus Products v. Plus Discount Foods, Inc.Court of Appeals for the Second Circuit · 1983
- Arrow Distilleries, Inc. v. Globe Brewing Co.Court of Appeals for the Fourth Circuit · 1941
- Emerson Electric Mfg. Co. v. Emerson Radio & Phonograph Corp.Court of Appeals for the Second Circuit · 1939
63 more not listed; retrieve them via the Exa API.