Legal Opinion
Barton v. Rex-Oil Co.
Court of Appeals for the Third Circuit
Decided December 12, 1928No. 3642PublishedCited by 22 opinions
1Opinion of the Court
WOOLLEY, Circuit Judge.
The District Court, in dismissing the bill of Warren D. Barton et a!, against Rex-Oil Company, Inc., held that the plaintiffs’ claimed trade-mark “Dyanshine” for shoe polish was invalid as descriptive of their product and that unfair competition on the part of the defendant had not been established. Barton v. Rex-Oil Co., Inc., 288 F. 878. This court on appeal reversed the decree [Barton v. Rex-Oil Co., Inc., 2 F.(2d) 403, 40 A. L. R. 424], on a finding that the defendant in the exploitation of its product under the mark “Dye & Shine” had competed unfairly with the…
2Cases cited9 opinions
- Baglin v. Cusenier Co.Supreme Court of the United States · 1911
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- Photoplay Pub. Co. v. La Verne Pub. Co.Court of Appeals for the Third Circuit · 1921
- Trappey v. McIlhenny Co.Court of Appeals for the Fifth Circuit · 1922
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Del Monte Special Food Co. v. California Packing CorporationCourt of Appeals for the Ninth Circuit · 1929
- Best & Co. v. MillerCourt of Appeals for the Second Circuit · 1948
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Douglas Laboratories Corp. v. Copper Tan, Inc.Court of Appeals for the Second Circuit · 1954
- Little Tavern Shops, Inc. v. DavisCourt of Appeals for the Fourth Circuit · 1941
17 more not listed; retrieve them via the Exa API.