Legal Opinion

Draper v. Skerrett

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided March 3, 1902No. 43PublishedCited by 10 opinions

In Equity. Suit to restrain infringement of trade-name. Hearing on bill, answer, and proofs.

1Opinion of the Court

. ARCHBAED, District Judge.4

The question of jurisdiction has been raised, and is therefore the first to be disposed of. If this were a suit for the infringement of a registered trade-mark, under the statute (Act March 3, 1881; 21 Stat. 502), the court would have jurisdiction without .regard to the amount in controversy (section 7). But as it stands, whatever is required to give jurisdiction must appear. Elgin Nat. Watch Co. v. Illinois Watch Case Co., 179 U. S. 665, 21 Sup. Ct. 270, 45 L. Ed. 365. It is to be remembered, however, in the present instance, that the plaintiff proceeds for the…

2Cases cited12 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872
  3. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  4. Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
  5. Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891

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

3Cited by10 opinions

  1. Sartor v. SchadenSupreme Court of Iowa · 1904
  2. Benj. T. Crump Co. v. J. L. Lindsay, Inc.Supreme Court of Virginia · 1921
  3. American Wine Co. v. KohlmanU.S. Circuit Court for the District of Southern Alabama · 1907
  4. G. Heileman Brewing Co. v. Independent Brewing Co.Court of Appeals for the Ninth Circuit · 1911
  5. Pure Oil Co. v. Puritan Oil Co.District Court, D. Connecticut · 1941

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

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