Legal Opinion
King Research, Inc. v. Shulton, Inc.
Court of Appeals for the Second Circuit
Decided January 7, 1972No. 274, Docket 71-1544PublishedCited by 45 opinions
1Opinion of the Court
FEINBERG, Circuit Judge:
Under what circumstances the owner of a trademark can protect it against use on products other than those to which he has applied the mark is a familiar problem in this court. But, as we noted in Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492, 495 (2d Cir.), cert, denied, 368 U.S. 820, 82 S.Ct. 36, 7 L.Ed.2d 25 (1961), the question “does not become easier of solution with the years.” This case is no exception. Plaintiff King Research, Inc. sells a comb and brush cleaner under its trademark SHIP-SHAPE, and relying on the Lanham Act, 15 U.S.C. § 1051 et seq.,…
2Cases cited8 opinions
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949
- Standard Brands, Inc. v. SmidlerCourt of Appeals for the Second Circuit · 1945
- Triumph Hosiery Mills, Inc. v. Triumph International Corporation and Triumph of Europe, Inc.Court of Appeals for the Second Circuit · 1962
- Kiki Undies Corp., and Cross-Appellee v. Promenade Hosiery Mills, Inc., and Cross-AppellantCourt of Appeals for the Second Circuit · 1969
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Star Industries, Inc. v. Bacardi & Company Limited, Bacardi U.S.A., and Anheuser-Busch, Inc.Court of Appeals for the Second Circuit · 2005
- Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)Court of Appeals for the Second Circuit · 1976
- Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc. And Toyota Motor Corp.Court of Appeals for the Second Circuit · 1989
- Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
40 more not listed; retrieve them via the Exa API.