Legal Opinion
Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John Wanamaker
Court of Appeals for the Second Circuit
Decided June 13, 1960No. 25654_1PublishedCited by 117 opinions
1Opinion of the Court
HINCKS, Circuit Judge.
After a lengthy trial, Judge Herlands dismissed the plaintiffs’ 1 2 complaint in which they sought an injunction prohibiting the defendants’ 3 use of the word “Haymaker” in connection with the manufacture, sale, distribution and advertising of their women’s sportswear which includes blouses, shirts, skirts and dresses. On the basis of voluminous findings, the Court concluded that the defendants’ trade mark use of the “Hay-maker” mark did not infringe the plaintiffs’ “Haymakers” and “Haymakers by Avon” trade marks which were registered for men’s, women’s and children’s…
2Cases cited25 opinions
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- 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
- Tiffany & Co. v. Tiffany Productions, Inc.New York Supreme Court · 1932
20 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
- Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Management, Inc.Court of Appeals for the Ninth Circuit · 2010
- Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & SonsCourt of Appeals for the Second Circuit · 1975
112 more not listed; retrieve them via the Exa API.