Legal Opinion
M. & D. Simon Co. v. R. H. MacY & Co.
District Court, S.D. New York
Decided March 29, 1957PublishedCited by 15 opinions
1Opinion of the Court
WALSH, District Judge.
This is an action for trade-mark infringement and unfair competition. It was commenced in the State court and removed to this Court by the defendants who claim that, notwithstanding the absence of appropriate allegations in the complaint, it is necessarily an action under the Lanham Act, 15 U.S.C.A. § 1051 et seq., an Act of Congress relating to trade-marks, and therefore an action of which this Court has original jurisdiction. No other basis for jurisdiction is claimed. Plaintiff has moved to remand the action to the State court. Its motion is granted.
The complaint…
2Cases cited12 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
- The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
- L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
- S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- The State of Washington, Etc. v. The American League of Professional Baseball ClubsCourt of Appeals for the Ninth Circuit · 1972
- La Chemise Lacoste v. Alligator Co.Court of Appeals for the Third Circuit · 1974
- La Chemise Lacoste, a French Corporation v. The Alligator Company, Inc., a Delaware Corporation, and Third-Party v. Jean Patou, Inc., a New York Corporation, Third-Partydefendant-AppellantCourt of Appeals for the Third Circuit · 1974
- Red Devil Tools v. TIP TOP BRUSH CO., INC.Supreme Court of New Jersey · 1967
- Application of State of New YorkDistrict Court, S.D. New York · 1973
10 more not listed; retrieve them via the Exa API.