Legal Opinion
A. T. Cross Company v. Jonathan Bradley Pens, Inc.
Court of Appeals for the Second Circuit
Decided November 21, 1972No. 440, Docket 72-2216PublishedCited by 63 opinions
1Opinion of the Court
FRIENDLY, Chief Judge:
Since 1868 plaintiff A. T. Cross Company (Cross) has been selling, with increasing success, mechanical pens and pencils bearing its trademark CROSS. The mark has been registered in the principal register of the Patent Office. Whether or not its quality as a surname made it ineligible for registration on the principal as distinguished from the supplemental register, cf. 15 U.S.C. § 1052 (e) (3); Kimberly-Clark Corp. v. Marzall, 196 F.2d 772, 773 (D.C. Cir. 1952), criticized in Application of Standard Elektrik, 371 F.2d 870 (C.C.P.A. 1967), the name CROSS has gained a…
2Cases cited14 opinions
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Menendez v. HoltSupreme Court of the United States · 1888
- S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949
- LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
- Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
- Arrow Fastener Co., Inc. v. The Stanley WorksCourt of Appeals for the Second Circuit · 1995
- Board of Supervisors for Louisiana State University Agricultural & Mechanical College v. Smack Apparel Co.Court of Appeals for the Fifth Circuit · 2008
- New York City Triathlon, LLC v. Nyc Triathlon Club, Inc.District Court, S.D. New York · 2010
- Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
58 more not listed; retrieve them via the Exa API.