Legal Opinion
Youngs Rubber Corporation v. CI Lee & Co.
Court of Appeals for the Second Circuit
Decided December 15, 1930No. 347PublishedCited by 31 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above).
The questions of law which have been argued by the parties cannot properly be decided upon this record. There being no diversity of citizenship, the District Court is without jurisdiction to grant relief except pursuant to the terms of the Trade-Mark Act of 1905 as amended (15 USCA § 81 et seq.). Hunyadi Janos Corp. v. Stoeger, 10 F.(2d) 26 (C. C. A. 2). Assuming the validity of the plaintiff’s trade-mark, and assuming iuxIhor that its right to maintain suit has not been lost by use of the trade-mark in unlawful business, as provided by Trade-Mark Act 1905,…
2Cases cited30 opinions
- Norton v. LarneySupreme Court of the United States · 1925
- Board of Trade of Chicago v. Christie Grain & Stock Co.Supreme Court of the United States · 1905
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Hanauer v. DoaneSupreme Court of the United States · 1871
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
25 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Underwater Devices Incorporated v. Morrison-Knudsen Company, Inc., Morrison-Knudsen Company, Inc. v. Lester A. Haug, Don W. Schmid and Herman GuntherCourt of Appeals for the Federal Circuit · 1983
- Stauffer v. ExleyCourt of Appeals for the Ninth Circuit · 1950
- State v. AustinNew Mexico Court of Appeals · 1969
- State v. ShedoudyNew Mexico Supreme Court · 1941
- United States v. 31 Photographs 4¾" X 7"District Court, S.D. New York · 1957
26 more not listed; retrieve them via the Exa API.