Legal Opinion

New England Duplicating Co., Inc. v. Mendes

Court of Appeals for the First Circuit

Decided July 16, 1951No. 4570PublishedCited by 65 opinions

1Opinion of the Court

WOODBURY, Circuit Judge.

This is an appeal from a judgment for the plaintiff in an action for infringement of a federally registered trade-mark, and for unfair competition. Federal jurisdiction is clear from the established eviden-tiary facts concerning which there is little if any dispute.

J. Curry Mendes, the .plaintiff herein, in 1939 devised a so called collating and tipping machine, otherwise known as an interleaving machine, for placing spot gum on paper and carbon paper for the production of one-time carbon forms. He called his machine a “Paddy” machine, that name being adapted from the…

2Cases cited5 opinions

  1. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  2. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  3. Campbell v. WadsworthSupreme Court of the United States · 1918
  4. Macaulay v. Malt-Diastase Co.Court of Appeals for the D.C. Circuit · 1925
  5. Mendes v. New England Duplicating Co.District Court, D. Massachusetts · 1950

3Cited by65 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. Planetary Motion, Inc. v. Techsplosion, Inc.Court of Appeals for the Eleventh Circuit · 2001
  3. La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New YorkCourt of Appeals for the Second Circuit · 1974
  4. Rearden LLC v. Rearden Commerce, Inc.Court of Appeals for the Ninth Circuit · 2012
  5. Chance v. Pac-Tel Teletrac Inc.Court of Appeals for the Ninth Circuit · 2001

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