Legal Opinion

Dwinell-Wright Co. v. White House Milk Co.

Court of Appeals for the Second Circuit

Decided January 4, 1943No. 40PublishedCited by 67 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment dismissing its complaint after a trial in an action to enjoin the infringement of its trade-mark, “White Blouse.” It has used this mark, coupled with a picture of the White House in Washington, continuously since 1888 in the sale of coffee throughout the United States, and since 1910 in the sale of tea; in that year it secured two registrations of both mark and picture; one for coffee, the other for tea. The defendant’s user began in 1917 by a Wisconsin corporation, first called the White House Milk Products Company, and later the…

2Cases cited10 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Menendez v. HoltSupreme Court of the United States · 1888
  3. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  4. Emerson Electric Mfg. Co. v. Emerson Radio & Phonograph Corp.Court of Appeals for the Second Circuit · 1939
  5. National Fruit Product Co. v. Dwinell-Wright Co.District Court, D. Massachusetts · 1942

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3Cited by67 opinions

  1. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  2. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
  3. Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
  4. Conan Properties, Inc. v. Conans Pizza, Inc.Court of Appeals for the Fifth Circuit · 1985
  5. S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949

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