Legal Opinion
Wembley, Inc. v. Superba Cravats, Inc.
Court of Appeals for the Second Circuit
Decided March 8, 1963No. 27413_1PublishedCited by 62 opinions
1Opinion of the Court
MEDINA, Circuit Judge.
The parties here are necktie manufacturers, and plaintiff appeals from a judgment of the United States District Court for the Western District of New York, Harold P. Burke, Judge, dismissing without prejudice its complaint seeking a declaration of the invalidity of defendant’s patent on a particular necktie manufactured and sold by defendant, or of the non-infringement of said patent by a “proposed” necktie of plaintiff’s. We hold that the complaint was properly dismissed on the ground that it fails to allege a justiciable controversy under the Declaratory Judgment Act,…
2Cases cited14 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Evers v. DwyerSupreme Court of the United States · 1958
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
9 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Arrowhead Industrial Water, Inc. v. Ecolochem, Inc.Court of Appeals for the Federal Circuit · 1988
- International Harvester Company v. Deere & CompanyCourt of Appeals for the Seventh Circuit · 1980
- Hanes Corporation, a North Carolina Corporation v. Julien MillardCourt of Appeals for the D.C. Circuit · 1976
- Broadview Chemical Corporation v. Loctite CorporationCourt of Appeals for the Second Circuit · 1969
- Jervis B. Webb Company v. Southern Systems, Inc.Court of Appeals for the Federal Circuit · 1984
57 more not listed; retrieve them via the Exa API.