Legal Opinion

Saxlehner v. Eisner

Court of Appeals for the Second Circuit

Decided June 7, 1906No. 280PublishedCited by 18 opinions

Appeal from the Circuit Court of the United- States for the Southern District of New York. This cause comes here upon an appeal from a judgment of the Circuit Court, Southern District of New York, directing that an injunction issue and adjudging that complainant recover the siim of $31,-030.36 as damages for infringement of trade-marks and unfair competition. The cause is reported below in 140 Fed. 938.

1Opinion of the Court

LACOMBE, Circuit Judge.

In Saxlehner v. Eisner & Mendelson Co., 179 U. S. 19, 21 Sup. Ct. 7, 45 L. Ed. 60, it was held that defendant had fraudulently appropriated the complainant’s bottle and label without justification or excuse, and the court sustained a decree of the Circuit Court, Southern District of New York for an injunction and accounting against that defendant. The Eisner & Mendelson Co., originally a Pennsylvania corporation, was succeeded by a corporation of the same name incorporated under the laws of West Virginia. Of both companies the defendant Eisner was president and Joseph…

2Cases cited2 opinions

  1. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  2. Hutter v. De Q. Bottle Stopper Co.Court of Appeals for the Second Circuit · 1904

3Cited by18 opinions

  1. Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
  2. Ark-Tenn Distributing Corp. v. Breidt Breidt Appeal of Breidt. Appeal of Ark-Tenn Distributing CorpCourt of Appeals for the Third Circuit · 1954
  3. Guarantee Veterinary Co. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1922
  4. Admiral Corporation v. Price Vacuum StoresDistrict Court, E.D. Pennsylvania · 1956
  5. Juvenile Shoe Co. v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1923

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