Legal Opinion

Sears, Roebuck and Co. v. Arthur L. Johnson and Marjorie Johnson, a Partnership Doing Business as All-State School of Driving

Court of Appeals for the Third Circuit

Decided February 21, 1955No. 11352PublishedCited by 64 opinions

1Opinion of the Court

STALEY, Circuit Judge.

Plaintiff, Sears, Roebuck and Company, a New York corporation doing business in Pennsylvania, sought an injunction in the district court because of an alleged trade-name infringement by defendants, partners in a business formed and operated in the Philadelphia area under the name of the All-State School of Driving. Plaintiff also asked for damages and a delivering up of all materials owned by defendants which bore the name All-State.

The district court, 121 F.Supp. 955, dismissed plaintiff’s complaint on the ground that defendants’ use of the name All-State was not likely…

2Cases cited12 opinions

  1. Orvis v. HigginsCourt of Appeals for the Second Circuit · 1950
  2. LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
  3. Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
  4. Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
  5. In Re Kellett Aircraft Corp.Court of Appeals for the Third Circuit · 1950

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

3Cited by64 opinions

  1. Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
  2. Interpace Corporation v. Lapp, Inc.Court of Appeals for the Third Circuit · 1983
  3. The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  4. Jellibeans, Incorporated, a Georgia Corporation, Cross-Appellant v. Skating Clubs of Georgia, Inc., a Georgia Corporation, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  5. Resorts International, Inc. v. Greate Bay Hotel & Casino, Inc.District Court, D. New Jersey · 1992

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

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