American Lead Pencil Co. v. L. Gottlieb & Sons
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the American Lead Pencil Company against L. Gottlieb & Sons. This is a suit between citizens of the state of New York upon a registered trade-mark “Beats-All,” which is applied to lead pencils of the complainant.
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In Equity. Suit by the American Lead Pencil Company against L. Gottlieb & Sons. This is a suit between citizens of the state of New York upon a registered trade-mark “Beats-All,” which is applied to lead pencils of the complainant. The complainant states in the bill and affidavits that it has used the mark “Beats-All” since 1888, and in interstate commerce since before April 1, 1895, and that on the 17th day of April, 1906, it obtained the registration of the trade-mark in the Patent Office. The defendant has bought lead pencils from the National Pencil Company of Atlanta, Ga., bearing the…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). I will take up the objections of the defendant in the order in which they are given.
1. So far as the unconstitutionality of the trade-mark act is concerned I shall not pass upon it. I should certainly not hold unconstitutional an act of Congress enacted after such care as this, and acted upon together with its similar predecessor for nearly 30 years, unless it appeared with certainty that it was unconstitutional. Prima facie I must assume it to be valid, and the mere challenge of it by the defendant in no sense raises any question of its validity. Until…
2Cases cited6 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Proctor & Gamble Co. v. Globe Refining Co.Court of Appeals for the Sixth Circuit · 1899
- Cooke Cobb Co. v. . MillerNew York Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- The Standard Oil Company, a Corporation and Sohio Petroleum Company, a Corporation v. Standard Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958
- Brannen v. State of FloridaSupreme Court of Florida · 1927
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1972
- Coca-Cola Co. v. Carlisle Bottling WorksDistrict Court, E.D. Kentucky · 1929
- Sun-Maid Raisin Growers v. MosesianCalifornia Court of Appeal · 1927
14 more not listed; retrieve them via the Exa API.