Legal Opinion
Omo Mfg. Co. v. Mystic Rubber. Co.
District Court, D. Massachusetts
Decided June 9, 1914No. 460PublishedCited by 5 opinions
In Equity. Suit by the Omo Manufacturing Company against the Mystic Rubber Company.
1Opinion of the Court
MORTON, District Judge.
This is a suit to restrain infringement of the complainant’s trade-mark oMo, which was registered in the United States Patent Office on April 2, 1895, No. 26313. No question is now raised as to the validity of this trade-mark, nor as to the complainant’s ownership of it. The respondent has used to a limited extent, and intends to continue to use upon the same class of goods as that to which the complainant’s mark is applied, viz., dress shields, the trade-mark dMd. The real question _at issue between the parties is whether the respondent’s mark resembles that of the…
2Cases cited3 opinions
- Walter Baker & Co. v. DelapenhaU.S. Circuit Court for the District of New Jersey · 1908
- Bass, Ratcliff & Gretton, Ltd. v. FeigenspanU.S. Circuit Court for the District of New Jersey · 1899
- Walter Baker & Co. v. Puritan Pure Food Co.U.S. Circuit Court for the District of Southern New York · 1905
3Cited by5 opinions
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
- Helen Schy-Man-Ski & Sons v. S. S. S. Co.Court of Customs and Patent Appeals · 1934
- Moxie Co. v. Noxie Kola Co. of New York, Inc.District Court, S.D. New York · 1939
- Rosenblum v. RosenblumDistrict Court, E.D. New York · 1918
- Smith & Wesson, Inc. v. GalefDistrict Court, S.D. New York · 1923