Legal Opinion

H. E. Allen Mfg. Co. v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1928PublishedCited by 25 opinions

1Opinion of the CourtSears, J.

The plaintiff manufactures and sells a product called “ So-Bos-So.” It is a liquid preparation used principally for keeping flies off cattle. Such preparations are known as “ fly sprays.” The term So-Bos-So was originally used for such a product by another concern to whose rights the plaintiff succeeded. The predecessor of the plaintiff had used this trade name from March 1, 1899. The plaintiff registered the term So-Bos-So as a trade-mark in the United States Patent Office on the 3d day of July, 1917. The plaintiff advertised its product throughout the country and built up a considerable…

2Cases cited13 opinions

  1. International News Service v. Associated PressSupreme Court of the United States · 1919
  2. Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
  3. Straus v. Notaseme Hosiery Co.Supreme Court of the United States · 1916
  4. Brandreth v. LanceNew York Court of Chancery · 1839
  5. Fischer v. . BlankNew York Court of Appeals · 1893

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3Cited by25 opinions

  1. Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
  2. Nann v. RaimistNew York Court of Appeals · 1931
  3. Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
  4. Dior v. MiltonNew York Supreme Court · 1956
  5. People ex rel. Dunbar v. Gym of America, Inc.Supreme Court of Colorado · 1972

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