McGraw Tire & Rubber Co. v. Griffith
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the McGraw Tire & Rubber Company against Edward C. Griffith, the Automobile Tire Company, the Griffith Tire & Rubber Company, and the Imperial Tire Company. On motion for preliminary injunction.
1Opinion of the Court
WARD, Circuit Judge.
The complainant, a corporation and citizen of the state of Pennsylvania, filed its bill against the defendants, citizens of the state of New York, for infringement of its common-law trade-mark in the use of the word “Imperial” in connection witli automobile tires and for unfair competition. The motion is for a preliminary injunction.
The use which the defendant Griffith or the Automobile Tire Company made of the word “Imperial” in the summer and fall of 1908 was insignificant, with no effect whatever upon the market, and in my opinion entirely insufficient to establish a…
2Cited by4 opinions
- Hiram Walker & Sons, Inc. v. Penn-Maryland CorporationCourt of Appeals for the Second Circuit · 1935
- Stratton & Terstegge Co. v. Stiglitz Furnace Co.Court of Appeals of Kentucky (pre-1976) · 1935
- George W. Luft Co. v. Zande Cosmetic Co.District Court, S.D. New York · 1942
- Paul v. WoodsDistrict Court, E.D. New York · 1930