Legal Opinion

Julius Kayser & Co. v. Italian Silk Underwear Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 1914PublishedCited by 14 opinions

Appeal by the defendant, The Italian Silk Underwear Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York On the 5th day of September, 1913, upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

Clarke, J.:

The judgment appealed from adjudges and decrees that “the said trade-mark ‘Italian’ (registered by the plaintiff’s *608predecessor in the United States Patent Office on the 7th day of July, 1908, for which a certificate of registration was issued to said Julius Kayser & Co., numbered 69817, in the name of the United States of America and under the seal of the United States Patent Office and signed by the Commissioner of Patents), as applied to silk underwear, is a valid trade mark, is the property of plaintiff, Julius Kayser & Co. and said Julius Kayser & Co. is, as against the…

2Cases cited13 opinions

  1. United States v. SteffensSupreme Court of the United States · 1879
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872
  3. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  4. In Re Keasbey & Mattison Co.Supreme Court of the United States · 1895
  5. Newman v. . AlvordNew York Court of Appeals · 1872

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
  2. Philadelphia Storage Battery Co. v. MindlinNew York Supreme Court · 1937
  3. Atlantic Monthly Company v. Frederick Ungar Publishing Co.District Court, S.D. New York · 1961
  4. Oneida Community, Ltd. v. Oneida Game Trap Co.Appellate Division of the Supreme Court of the State of New York · 1915
  5. Phenix Cheese Co. v. KirpAppellate Division of the Supreme Court of the State of New York · 1917

9 more not listed; retrieve them via the Exa API.

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