Eiseman v. Schiffer
U.S. Circuit Court for the District of Southern New York
In Equity.' This is a final hearing in a suit in equity for an injunction, accounting, and damages based on defendants’ use, on silk dress goods in the piece, of the word “radium,” which complainant Gilbert Manufacturing Company claims to have adopted, used, and registered as a trade-mark, and thereafter to have assigned to the firm of Eiseman & Co., also complainant.
1Opinion of the Court
EACOMBE, Circuit Judge.
There is no diversity of citizenship, and jurisdiction is based solely on the fact that the trade-mark is registered under the federal trade-mark act of February 20, 1905, c. 592, 33 Stat. 724 [U. S. Comp. St. Supp. 1907, p. 1008]. Application was filed May 1, 1905, and the trade-mark (No. 45,759) was registered August 29, 1905. It is stated in the declaration that the class of merchandise to which the trade-mark is appropriated is dry goods, and that the particular description of goods upon which the trade-mark is used is “silk dress goods in the piece.” The record…
2Cited by18 opinions
- A. Bourjois & Co., Inc. v. KatzelSupreme Court of the United States · 1922
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Durwood v. DubinskySupreme Court of Missouri · 1962
- Avon Shoe Co. v. David Crystal, Inc.District Court, S.D. New York · 1959
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