Winget Kickernick Co. v. La Mode Garment Co.
District Court, N.D. Illinois
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
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Valvoline Oil Co. v. Havoline Oil Co.District Court, S.D. New York · 1913
- S. R. Feil Co. v. John E. Robbins Co.Court of Appeals for the Seventh Circuit · 1915
- Loughran v. Quaker City Chocolate & Confectionery Co.Court of Appeals for the Third Circuit · 1924
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3Cited by4 opinions
- S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
- Glenmore Distilleries Co. v. National Distillers Products Corp.Court of Appeals for the Fourth Circuit · 1939
- Perfection Co. v. CoeDistrict Court, District of Columbia · 1945
- Dietene Co. v. Dietrim Co.District Court, D. Nebraska · 1954