Legal Opinion
Sylvania Electric Products, Inc. v. Dura Electric Lamp Company, Inc., and Michael Portnow
Court of Appeals for the Third Circuit
Decided August 27, 1957No. 12089PublishedCited by 34 opinions
1Opinion of the Court
STALEY, Circuit Judge.
The argument is advanced upon this appeal that a certain symbol descriptive of a feature of a product may be registered as a trade-mark notwithstanding the fact that the feature admittedly performs a utilitarian function.
Sylvania Electric Products, Inc., brought an action in the district court under the Lanham Trade-Mark Act, 15 U.S.C.A. § 1051 et seq., for alleged trademark infringement, and for injunctive relief against unfair competition. The complaint prayed relief in the form of accounting, treble damages pursuant to 15 U.S.C. § 1117, delivery up for destruction of…
2Cases cited10 opinions
- James Heddon's Sons v. Millsite Steel & Wire Works, Inc.Court of Appeals for the Sixth Circuit · 1942
- Gum, Inc. v. Gumakers of America, Inc.Court of Appeals for the Third Circuit · 1943
- Vaughan Novelty Mfg. Co. v. G. G. Greene Mfg. Corp.Court of Appeals for the Third Circuit · 1953
- Capewell Horse Nail Co. v. MooneyCourt of Appeals for the Second Circuit · 1909
- Sparklets Corporation v. Walter Kidde Sales Co.Court of Customs and Patent Appeals · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- I.P. Lund Trading ApS v. Kohler Co.Court of Appeals for the First Circuit · 1998
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Keebler Company v. Rovira Biscuit Corporation, Keebler Company v. Rovira Biscuit CorporationCourt of Appeals for the First Circuit · 1980
- In re Abcor Development Corp.Court of Customs and Patent Appeals · 1978
- In Re Owens-Corning Fiberglas CorporationCourt of Appeals for the Federal Circuit · 1985
29 more not listed; retrieve them via the Exa API.