Straus v. Notaseme Hosiery Co.
Supreme Court of the United States
certiorari to the circuit court of appeals for the SECOND CIRCUIT. The facts, which involve questions of unfair competition by using an unregistered trade-mark adopted as a business design for hosiery, are stated, in the. opinion.
1Opinion of the CourtJustice Holmes
- This is a bill in equity brought by the Nótaseme Hosiery Company to restrain infringement of a registered trademark and unfair, competition alleged to have been,practiced by the petitioners, and to recover damages and profits. The plaintiff’s trade-mark, as registered, was a rectangle with a black band running from the left hand upper to the right hand lower corner, the upper and lower panels on the two sides of the band .being printed in red. As used, it contained the word Nótaseme in white script upon the black band, with the words Trade Mark in small letters upon the white, and beneath…
2Cases cited3 opinions
- Saxlehner v. WagnerSupreme Court of the United States · 1910
- Holzapfel's Compositions Co. v. Rahtjen's American Composition Co.Supreme Court of the United States · 1901
- Notaseme Hosiery Co. v. StrausCourt of Appeals for the Second Circuit · 1914
3Cited by73 opinions
- Mishawaka Rubber & Woolen Manufacturing Co. v. S. S. Kresge Co.Supreme Court of the United States · 1942
- Champion Spark Plug Co. v. SandersSupreme Court of the United States · 1947
- Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
- Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
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