Legal Opinion

Colburn v. Puritan Mills, Inc.

Court of Appeals for the Seventh Circuit

Decided December 7, 1939No. 6957PublishedCited by 21 opinions

1Opinion of the Court

EVANS, Circuit Judge.

The District Court dismissed, for want of equity, plaintiff’s suit which charged infringement of her registered trade-mark “Py Do” by defendant’s trade name “PyO-My.” Both are used to describe prepared dough used in making pies.

Plaintiff obtained her trade-mark in 1926, and alleges extensive interstate use of her product; that the public has come to associate the product with her trademark “Py Do,” a facsimile of which is herewith reproduced:

Plaintiff first sold her product in tin containers, the lid of which carried the trade-marked words. She also sold her product in a…

2Cases cited1 opinion

  1. Nu-Enamel Corp. v. Armstrong Paint & Varnish WorksCourt of Appeals for the Seventh Circuit · 1938

3Cited by21 opinions

  1. Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
  2. James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
  3. Tisch Hotels, Inc., Americana Hotel Operating Corporation v. Americana Inn, Inc., Americana Motor Courts, Inc., Americana Catering CompanyCourt of Appeals for the Seventh Circuit · 1965
  4. Anheuser-Busch, Inc. v. L & L Wings, Inc.Court of Appeals for the Fourth Circuit · 1992
  5. International Kennel Club of Chicago, Inc. v. Mighty Star, Inc.Court of Appeals for the Seventh Circuit · 1988

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