Rince's Metallic Paint Co. v. Prince Manuf'g Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. in Equity. Suit for infringement of a trade-mark. The bill was dismissed by the circuit court, (53 Fed. Rep. 493,) and complainant appeals.
1Opinion of the Court
ACHESON, Circuit Judge.
This is an appeal by Prince’s Metallic Paint Company, a corporation of the state of Pennsylvania, from the decree of the circuit court, at final hearing upon full proofs, dismissing its hill of complaint, filed June 1, 1888, to restrain the defendant, the Prince Manufacturing Company, also a corporation of (lie state of Pennsylvania, from using the trade-mark “Prince’s Metallic Paint.” The court, expressing no positive opinion upon the question of right:, based its decree mainly upon want of jurisdiction. Row, undoubtedly, as originally framed, the bill lacked the…
2Cases cited13 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Godden v. KimmellSupreme Court of the United States · 1879
- Landsdale v. SmithSupreme Court of the United States · 1882
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3Cited by19 opinions
- Dwinell-Wright Co. v. White House Milk Co.Court of Appeals for the Second Circuit · 1943
- Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
- Anheuser-Busch, Inc. v. Du Bois Brewing Co.Court of Appeals for the Third Circuit · 1949
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Window Glass Mach. Co. v. Pittsburgh Plate Glass Co.Court of Appeals for the Third Circuit · 1922
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