Legal Opinion

Westinghouse Electric Corporation v. Free Sewing MacHine Co. And Apsco Products, Inc.

Court of Appeals for the Seventh Circuit

Decided June 23, 1958No. 12277_1PublishedCited by 77 opinions

1Opinion of the Court

DUFFY, Chief Judge.

The complaint herein charges unfair competition and trade-mark infringement. Plaintiff alleges the use by defendants of the mark “Free-Westinghouse” infringed its trade-mark “Westinghouse.”

On June 27, 1957, plaintiff moved for a temporary injunction. The Court took no action on this motion until December 19, 1957 when a decree was entered which enjoined defendants from “directly or indirectly advertising or representing, by implication, innuendo or in any manner whatsoever, that their products embody any product manufactured by the plaintiff.” However, the motion for a…

2Cases cited4 opinions

  1. Warner Bros. Pictures, Inc. v. GittoneCourt of Appeals for the Third Circuit · 1940
  2. Doeskin Products, Inc. v. United Paper Co.Court of Appeals for the Seventh Circuit · 1952
  3. Mytinger & Casselberry, Inc. v. Numanna Laboratories Corp.Court of Appeals for the Seventh Circuit · 1954
  4. Weiner v. National Tinsel Mfg. Co.Court of Appeals for the Seventh Circuit · 1941

3Cited by77 opinions

  1. GoTo.Com, Inc. v. Walt Disney Co.Court of Appeals for the Ninth Circuit · 2000
  2. Salim Aoude v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1988
  3. Tanner Motor Livery, Ltd. v. Avis, Inc.Court of Appeals for the Ninth Circuit · 1963
  4. 4 soc.sec.rep.ser. 80, unempl.ins.rep. Cch 15,133 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
  5. Progress Development Corporation, a Corporation and Modern Community Developers, Inc., a Corporation v. James C. MitchellCourt of Appeals for the Seventh Circuit · 1961

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