Legal Opinion
Douglas Laboratories Corp. v. Copper Tan, Inc.
Court of Appeals for the Second Circuit
Decided February 10, 1954No. 137, Docket 22882PublishedCited by 44 opinions
1Opinion of the Court
CLARK, Circuit Judge.
Plaintiff has brought this action for trade-mark infringement and unfair competition to protect its use of the name “Coppertone” for its sun tan preparation against competition by defendant, which is using the name “Copper Tan” for its similar preparation. As the case was tried, jurisdiction was rested on the diverse citizenship of the parties. In a reasoned opinion, D.C.S.D. N.Y., 108 F.Supp. 837, Judge Edelstein made findings favorable to the plaintiff, including that of secondary meaning in the name, although he declined to uphold a common-law trade-mark (plaintiff…
2Cases cited14 opinions
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Triangle Publications, Inc. v. RohrlichCourt of Appeals for the Second Circuit · 1948
- Miles Shoes, Inc. v. R. H. MacY & Co., IncCourt of Appeals for the Second Circuit · 1952
- Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Zatarains, Inc., Cross-Appellee v. Oak Grove Smokehouse, Inc. And Visko's Fish Fry, Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1983
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
- 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
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