Planten v. Gedney
Court of Appeals for the Second Circuit
Appeal, from the District Court of the United States for the Southern District of New York. .This cause comes her.e upon appeal from a decree dismissing the bill in a suit for infringement of two trade-marks, registered under the act of February 20, 1905. The opinion of the District Judge will be found in 221 Fed. 281.
1Opinion of the Court
LA COMBE, Circuit Judge.
The first registration, No. 51,356, registered April 10, 1906, is of a “trade-mark for filled gelatin capsules,” and consists of the words and characters “Planten’s C. & C. or Black Capsules.” The statement declares that the class of merchandise to* which this trade-mark is appropriated is capsules, and the particular description of goods on which it is used is filled gelatin capsules. It also states that the trade-mark is usually displayed upon printed labels of various kinds intended for application to boxes containing such capsules and to packages of such boxes. The…
2Cases cited2 opinions
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Warner Bros. v. WienerCourt of Appeals for the Second Circuit · 1914
3Cited by14 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Aluminum Fabricating Company of Pittsburgh and Season-All Sales Corp. v. Season-All Window Corp.Court of Appeals for the Second Circuit · 1958
- Pastificio Spiga Societa Per Azioni v. De Martini MacAroni Co., IncCourt of Appeals for the Second Circuit · 1952
- Autoline Oil Co. v. Indian Refining Co.District Court, D. Maryland · 1924
- Stark v. Stark Bros. Nurseries & Orchards Co.Court of Appeals for the Eighth Circuit · 1919
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