Legal Opinion
E. I. Du Pont De Nemours & Co. v. Sylvania Industrial Corp.
Court of Appeals for the Fourth Circuit
Decided August 16, 1941No. 4813PublishedCited by 23 opinions
1Opinion of the Court
SOPER, Circuit Judge.
The validity of the word “cellophane” as a trade-mark indicating a kind of wrapping material manufactured by E. I. duPont de Nemours and Company, a Delaware corporation, is the subject matter of this suit in which Sylvania Industrial Corporation, a Virginia corporation, is charged with infringement and unfair competition. In answer to the bill of complaint Sylvania denied infringement and averred affirmatively that “cellophane” is not a trademark, but is a generic and descriptive name used by the public and the trade to indícate a kind of product manufactured both by…
2Cases cited26 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Lovejoy v. MurraySupreme Court of the United States · 1866
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. WebberCourt of Appeals for the Third Circuit · 1968
- Aetna Casualty & Surety Co. v. AbbottCourt of Appeals for the Fourth Circuit · 1942
- Hazeltine Corporation v. General Motors CorporationCourt of Appeals for the Third Circuit · 1942
- Lone Ranger, Inc. v. CoxCourt of Appeals for the Fourth Circuit · 1942
- Phillips Petroleum Co. v. Esso Standard Oil Co.District Court, D. Maryland · 1950
18 more not listed; retrieve them via the Exa API.