Allen v. Walker & Gibson
District Court, N.D. New York
In Equity. Suit by George H. Allen against Walker & Gibson. On final hearing. Decree for complainant. Suit in equity to restrain alleged infringement of complainant’s registered trade-mark “Cedarine” by the use by defendant of the name “O-Cedar” and for an accounting. The goods dealt in and sold by each party, and to which such names respectively are applied, are similar in character; both being a furniture polish.
1Opinion of the Court
RAY, District Judge.
In 1886 the complainant, George H. Allen, of Clinton, N. Y., began the business of manufacturing and selling a furniture polish at that place, and he placed on the bottles and containers a label with certain descriptive words and the trade-mark or name “Cedarine.” So far as appears, he was the first to coin and use this word “Cedarine.” He built up quite an extensive business, and became quite widely and extensively known as “Cedarine Allen,” a name which he adopted and used in various ways in such business and in advertising, and in which he seems to take' pride. June 7,…
2Cases cited35 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
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3Cited by11 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Taussig v. Wellington Fund, Inc.District Court, D. Delaware · 1960
- W. G. Reardon Laboratories, Inc. v. B. & B. Exterminators, Inc.Court of Appeals for the Fourth Circuit · 1934
- Telechron, Inc. v. Telicon Corp.District Court, D. Delaware · 1951
- O'Cedar Corporation v. FW Woolworth Co.Court of Appeals for the Seventh Circuit · 1933
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