Legal Opinion

Dietene Co. v. Dietrim Co.

District Court, D. Nebraska

Decided June 21, 1954No. Civ. No. 87-52PublishedCited by 1 opinion

1Opinion of the Court

DONOHOE, Chief Judge.

This action was instituted by the Dietene Company, a Minnesota Corporation, to enjoin the defendant, Vitamin Industries, a Nebraska corporation, from using the mark “Dietrim” as applied to a reducing supplement because it is confusingly similar to “Dietene”, a mark which plaintiff registered under the Trade-Mark Act and also used to identify a reducing supplement. Since plaintiff charges infringement of a trade-mark registered in the United States Patent Office, this court has jurisdiction. 15 U.S.C.A. § 1121. The requisite diversity of citizenship and amount in…

2Cases cited92 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  3. Canal Co. v. ClarkSupreme Court of the United States · 1872
  4. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  5. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924

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3Cited by1 opinion

  1. Dietene Company v. Dietrim Company and Vitamin Industries, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1955

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