Legal Opinion

Merrimac Hat Corp. v. Crown Overall Mfg. Co.

District Court, S.D. New York

Decided April 18, 1950PublishedCited by 6 opinions

1Opinion of the Court

S. H. KAUFMAN, District Judge.

Defendant Crown Overall Manufacturing Co. moves to dismiss the amended complaint on the grounds that it fails to state a claim upon which relief can be granted and that the court lacks jurisdiction of the subject matter or, in the exercise of its discretion, should not entertain it.

The amended complaint purports to set forth three causes of action. The first alleges that plaintiff has been manufacturing hats and hat.bodies since 1856 and, in connection therewith, has used certain trademarks, which consist in part of the word “excello” and the representation of a…

2Cases cited7 opinions

  1. John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
  2. Wells v. Universal Pictures Co.Court of Appeals for the Second Circuit · 1948
  3. Mishawaka Rubber & Woolen Mfg. Co. v. Panther-Panco Rubber Co.Court of Appeals for the First Circuit · 1946
  4. Swarthmore Classics, Inc. v. Swarthmore JuniorDistrict Court, S.D. New York · 1949
  5. Crown Beverage Corp. v. Nehi Corp.New York Supreme Court · 1949

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Topp-Cola Company, a Corporation v. The Coca-Cola Company, a CorporationCourt of Appeals for the Second Circuit · 1963
  2. Alberto-Culver Company v. Andrea Dumon, Inc.District Court, N.D. Illinois · 1969
  3. Heller v. ScanlonDistrict Court, E.D. New York · 1961
  4. American TCP Corp. v. Shell Oil Co.District Court, S.D. New York · 1954
  5. Sherwood v. ScanlonDistrict Court, E.D. New York · 1962

1 more not listed; retrieve them via the Exa API.

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