Legal Opinion
American TCP Corp. v. Shell Oil Co.
District Court, S.D. New York
Decided July 27, 1954PublishedCited by 3 opinions
1Opinion of the Court
WEINFELD, District Judge.
In this action the defendant is charged with violation of the Sherman AntiTrust Act, 15 U.S.C.A. §§ 1-7, 15 note, and the plaintiff now moves for a preliminary injunction enjoining the defendant from (1) representing the expression “TCP” in its trademark; (2) threatening plaintiff’s customers with suit for trademark infringement; (3) representing that “TCP” is available only in premium gasoline sold by the defendant and its licensee; (4) and otherwise interfering with plaintiff’s business.
The gist of the plaintiff’s charge is that the defendant, also referred to…
2Cases cited5 opinions
- Hall Signal Co. v. General Ry. Signal Co.Court of Appeals for the Second Circuit · 1907
- United States v. Adler's Creamery, Inc.Court of Appeals for the Second Circuit · 1939
- Anderson-Friberg, Inc. v. Justin R. Clary & Son, Inc.District Court, S.D. New York · 1951
- Behre v. Anchor Ins.Court of Appeals for the Second Circuit · 1924
- Merrimac Hat Corp. v. Crown Overall Mfg. Co.District Court, S.D. New York · 1950
3Cited by3 opinions
- Alpha Distributing Co. of California, Inc. v. Jack Daniel's Distillery, Lem Motlow Prop., Inc.District Court, N.D. California · 1961
- Blaich v. National Football LeagueDistrict Court, S.D. New York · 1962
- Washington Professional Basketball Corp. v. National Basketball Ass'nDistrict Court, S.D. New York · 1955