Legal Opinion

Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.

Supreme Court of the United States

Decided November 7, 1966No. 42PublishedCited by 333 opinions

1Opinion of the CourtJustice Douglas

Petitioners brought this suit for trademark infringement and unfair competition under the trademark laws. 60 Stat. 427, 15 U. S. C. 1051 et seq. They sought a preliminary injunction during the pendency of the action, a permanent injunction, and damages. After issue was joined, petitioners moved for a summary judgment granting a permanent injunction and awarding damages against respondent. The District Court could not say that there was “no genuine issue as to any material fact” within the meaning of Rule 56 of the Federal Rules of Civil Procedure which governs summary judgments and…

2Cases cited5 opinions

  1. Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
  2. Chappell & Co., Inc., T. B. Harms Company, Williamson Music, Inc., Frank Loesser and Frank Music Corp. v. J. Jay FrankelCourt of Appeals for the Second Circuit · 1966
  3. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Dixon Textile CorporationCourt of Appeals for the Second Circuit · 1960
  4. Federal Glass Company v. Samuel LoshinCourt of Appeals for the Second Circuit · 1954
  5. Switzerland Cheese Association, Inc. v. E. Horne's Market, Inc.Court of Appeals for the First Circuit · 1965

3Cited by333 opinions

  1. Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
  2. Carson v. American Brands, Inc.Supreme Court of the United States · 1981
  3. Hoxworth v. Blinder, Robinson & Co.Court of Appeals for the Third Circuit · 1990
  4. Gardner v. Westinghouse Broadcasting Co.Supreme Court of the United States · 1978
  5. Kershner v. MazurkiewiczCourt of Appeals for the Third Circuit · 1982

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