Legal Opinion

Winget Kickernick Co. v. La Mode Garment Co.

District Court, N.D. Illinois

Decided July 1, 1930No. 8485PublishedCited by 4 opinions

1Opinion of the Court

LINDLEY, District Judge.

Though some showing is made by defendant upon the proposition that plaintiff comes into court with unclean hands, I find myself unable to say definitely that the misuse of the word “patented” shown was not merely the result of a mistake upon the part of the employees of plaintiff and without knowledge and approval upon the part of its executive officers. Henee, I am unwilling to base my decision upon the affirmative of this proposition.

Plaintiff, sues upon its trade-mark “Kickernick” registered September 12, 1922, and stated to have been continuously used in the…

2Cases cited23 opinions

  1. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  2. Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
  3. Valvoline Oil Co. v. Havoline Oil Co.District Court, S.D. New York · 1913
  4. S. R. Feil Co. v. John E. Robbins Co.Court of Appeals for the Seventh Circuit · 1915
  5. Loughran v. Quaker City Chocolate & Confectionery Co.Court of Appeals for the Third Circuit · 1924

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

3Cited by4 opinions

  1. S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
  2. Glenmore Distilleries Co. v. National Distillers Products Corp.Court of Appeals for the Fourth Circuit · 1939
  3. Perfection Co. v. CoeDistrict Court, District of Columbia · 1945
  4. Dietene Co. v. Dietrim Co.District Court, D. Nebraska · 1954

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