Legal Opinion

S. C. Johnson & Son, Inc. v. Johnson

Court of Appeals for the Second Circuit

Decided December 30, 1940No. 38PublishedCited by 69 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

The defendant appeals from a judgment enjoining him from selling his “Household Cleaner” under a label in which appears the word “Johnson’s”; from imitating the plaintiff’s trade-mark (which is the same word) or “affixing” it to goods “of substantially the same descriptive properties” as are mentioned in the plaintiff’s “registrations”; and from representing that his goods “emanate from or are in any way connected with plaintiff.” The facts were as follows: The plaintiff is a Wisconsin corporation organized in 1932 to take over a business- founded in 1886 by one, Samuel…

2Cases cited4 opinions

  1. Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
  2. L. E. Waterman Co. v. Modern Pen Co.Supreme Court of the United States · 1914
  3. Emerson Electric Mfg. Co. v. Emerson Radio & Phonograph Corp.Court of Appeals for the Second Circuit · 1939
  4. John B. Stetson Co. v. Stephen L. Stetson Co.Court of Appeals for the Second Circuit · 1936

3Cited by69 opinions

  1. A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
  2. Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
  3. Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)Court of Appeals for the Second Circuit · 1976
  4. Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
  5. S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949

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