Legal Opinion

Stern Apparel Corporation v. Raingard, Inc.

District Court, S.D. New York

Decided March 18, 1949PublishedCited by 8 opinions

1Opinion of the Court

RYAN, District Judge.

Plaintiff by this action seeks a cancellation of trade-mark Registration No. 190,487 issued October 14, 1924 to the firm of Driesen, Meyer and Oronsky covering mark “Raingard” and subsequently assigned to defendant; a permanent injunction restraining defendant from using the mark “Raingard” on its products and as part of its corporate name; and an accounting by defendant.

The -court has jurisdiction of the claims asserted arising as they do under Sec. 4915, R.S., 35 U.S.C.A. § 63, and because of diversity of citizenship.

Plaintiff is an Ohio corporation with its principal…

2Cases cited9 opinions

  1. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  2. Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
  3. Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
  4. Best & Co. v. MillerCourt of Appeals for the Second Circuit · 1948
  5. Globe-Union, Inc. v. Chicago Telephone Supply Co.Court of Appeals for the Seventh Circuit · 1939

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Goya Foods, Inc. v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1988
  2. Chandon Champagne Corp. v. San Marino Wine Corp.Court of Appeals for the Second Circuit · 1964
  3. Haviland & Co. v. Johann Haviland China CorporationDistrict Court, S.D. New York · 1967
  4. Avon Shoe Co. v. David Crystal, Inc.District Court, S.D. New York · 1959
  5. Universal Sewing MacHine Co. v. Standard Sewing Equipment Corp.District Court, S.D. New York · 1960

3 more not listed; retrieve them via the Exa API.

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