Eastern Wine Corporation v. Winslow-Warren, Ltd.
Court of Appeals for the Second Circuit
1Opinion of the Court
FRANK, Circuit Judge.
On oral argument, plaintiff’s counsel contended that the alleged confusion resulting from the alleged similarity of the names was injurious to consumers. That contention embodies a frequently encountered misunderstanding of the doctrine of “unfair competition,” a misunderstanding which has led to those instances of undue extension of the doctrine on which plaintiff relies. Much of that misunderstanding seems to stem from the misleading use of the word “competition” in the label “unfair competition.” For, while competition has been cherished in part on the ground that it…
Also in this document: Dissent.
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- New State Ice Co. v. LiebmannSupreme Court of the United States · 1932
- Russell v. ToddSupreme Court of the United States · 1940
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3Cited by68 opinions
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
- Standard Brands, Inc. v. SmidlerCourt of Appeals for the Second Circuit · 1945
- California Apparel Creators v. Wieder of California, Inc.Court of Appeals for the Second Circuit · 1947
- Miles Shoes, Inc. v. R. H. MacY & Co., IncCourt of Appeals for the Second Circuit · 1952
63 more not listed; retrieve them via the Exa API.