Legal Opinion

Libby, McNeill & Libby v. Libby

District Court, D. Massachusetts

Decided February 11, 1952No. Civ. A. 51-735PublishedCited by 7 opinions

1Opinion of the Court

SWEENEY, Chief Judge.

In this action the plaintiff seeks to enjoin, and recover damages for, an alleged infringement of its trade-mark and for unfair competition.

Findings of Fact.

In 1947 when the defendant Andrew Li'bby became a naturalized citizen he adopted the name of Andrew G. Libby. Up to 1951 'he ran a diner lunch service in Roslindale, Massachusetts, and early in January of 1951, having disposed of his diner he and his wife, Mary, opened a super market in West Dennis, Massachusetts, under the name of “Libby’s Super Market”.

The plaintiff is a well-known meat packer and since 1894 has…

2Cases cited7 opinions

  1. Baker v. Master Printers Union of New JerseyDistrict Court, D. New Jersey · 1940
  2. Food Fair Stores, Inc. v. Food Fair, Inc.District Court, D. Massachusetts · 1948
  3. Cain's Lobster House, Inc. v. CainMassachusetts Supreme Judicial Court · 1942
  4. S. M. Spencer Mfg. Co. v. SpencerMassachusetts Supreme Judicial Court · 1946
  5. Folmer Graflex Corporation v. Graphic Photo ServiceDistrict Court, D. Massachusetts · 1942

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

3Cited by7 opinions

  1. Purolator, Inc. v. Efra Distributors, Inc., Enrique Franceschini and Enrique Franceschini, Jr.Court of Appeals for the First Circuit · 1982
  2. Skil Corp. v. BarnetMassachusetts Supreme Judicial Court · 1958
  3. Dutcher v. HarkerMissouri Court of Appeals · 1964
  4. Aluminum Fabricating Co. v. Season-All Window Corp.District Court, S.D. New York · 1957
  5. Peter Pan Restaurants, Inc. v. Peter Pan Diner, Inc.District Court, D. Rhode Island · 1957

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

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