Legal Opinion
Holeproof Hosiery Co. v. Wallach Bros.
U.S. Circuit Court for the District of Southern New York
Decided January 14, 1911Published
In Equity. Suit by the Holeproof Hosiery Company against Wal-lach Bros, On final hearing.
1Opinion of the Court
HAZED, District Judge.
The bill of complaint alleges unfair competition in trade and infringement of complainant’s trade-name “Hole-proof” as applied to hosiery. The hosiery sold by the defendant is advertised and sold under the name “Knotair” and is manufactured by the Knotair Hosiery Company. The questions to be considered are, first, whether the complainant’s trade-mark or device is descriptive merely and as applied to hosiery not the subject of a valid trademark, and, second, whether the defendant by its trademark, packages and accessories infringes those of complainant.
*607[1] The facts are…
2Cases cited4 opinions
- N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
- Holeproof Hosiery Co. v. Wallach Bros.Court of Appeals for the Second Circuit · 1909
- De Long Hook & Eye Co. v. Francis Hook & Eye & Fastener Co.U.S. Circuit Court for the District of Western New York · 1905
- Holeproof Hosiery Co. v. Wallach Bros.U.S. Circuit Court for the District of Southern New York · 1908