Legal Opinion
Kaylon, Inc. v. Collegiate Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 1938PublishedCited by 5 opinions
1Opinion of the CourtCohn, J.
Defendant has been restrained by injunction granted pendente lite from manufacturing, exhibiting and selling pajamas imitating the appearance of pajamas manufactured and sold by plaintiff under its trade-marks “ Tommies ” and “ Jeer Backets.”
Plaintiff obtained registration of the trade-mark “ Tommies ” from the United States Patent Office on June 16, 1936, for ladies’ pajamas. In the fall of 1937 it adopted the name “ Jeer Backets ” to identify a particular type of ladies’ pajama manufactured by it. This pajama set was made of printed percale cloth with witty sayings imprinted all over the…
2Cases cited5 opinions
- Tabor v. . HoffmanNew York Court of Appeals · 1889
- Elk Street Market Corp. v. RothenbergAppellate Division of the Supreme Court of the State of New York · 1931
- Montegut v. Hickson, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Margolis v. National Bellas Hess Co.New York Supreme Court · 1931
- Margolis v. National Bellas Hess Co.Appellate Division of the Supreme Court of the State of New York · 1932
3Cited by5 opinions
- Mavco, Inc. v. Hampden Sales Ass'nAppellate Division of the Supreme Court of the State of New York · 1948
- Meyers v. Waverly Fabrics, Division of F. Schumacher & Co.New York Court of Appeals · 1985
- Newburgh Moire Co., Inc. v. Superior Moire Co., Inc.District Court, D. New Jersey · 1953
- Schwamm v. AlpertNew York Supreme Court · 1961
- Herzman Scarfs, Inc. v. Baar & Beards, Inc.New York Supreme Court · 1952