Legal Opinion

Societe Anonyme De La Grande Distillerie E. Cusenier Fils Aine & Cie v. Julius Wile Sons & Co.

District Court, S.D. New York

Decided May 7, 1958PublishedCited by 16 opinions

1Opinion of the Court

IRVING R. KAUFMAN, District Judge.

The complaint in this action seeks in-junctive relief and damages for trademark infringement and unfair competition. At the trial the cause of action based on unfair competition was withdrawn and the remaining issue relating to trademark infringement was tried on a stipulated set of facts.

The plaintiff, Societe Anonyme De La Grande Distillerie E. Cusenier Fils Aine & Cie., a French corporation engaged in the manufacture of liqueurs, is the owner of the trademark “Freezomint” which it has used to identify its creme de menthe cordial. Said mark was registered…

2Cases cited12 opinions

  1. Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
  2. Altvater v. FreemanSupreme Court of the United States · 1943
  3. LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
  4. Eastern Wine Corporation v. Winslow-Warren, Ltd.Court of Appeals for the Second Circuit · 1943
  5. The Upjohn Company, Plaintiff-Appellant-Appellee v. David Schwartz, Doing Business as Bryant Pharmaceutical Company, Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1957

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3Cited by16 opinions

  1. Exquisite Form Indus., Inc. v. Exquisite Fabrics of LondonDistrict Court, S.D. New York · 1974
  2. David Sherman Corporation, Doing Business as the Sarnoff Company v. Heublein, Inc., Doing Business as Ste Pierre Smirnoff, FlsCourt of Appeals for the Eighth Circuit · 1965
  3. General Motors Corp. v. Cadillac Marine & Boat Co.District Court, W.D. Michigan · 1964
  4. Miles Laboratories, Inc. v. FrolichDistrict Court, S.D. California · 1961
  5. Sears, Roebuck and Co. v. Allstate Driving School, Inc.District Court, E.D. New York · 1969

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