Legal Opinion
Aluminum Fabricating Company of Pittsburgh and Season-All Sales Corp. v. Season-All Window Corp.
Court of Appeals for the Second Circuit
Decided September 25, 1958No. 365, Docket 25065PublishedCited by 58 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
Season-All Window Corporation appeals from a judgment of Judge Cashin holding Aluminum Fabricating Company’s registered trademark “Season-all” valid and infringed, refusing cancellation, and enjoining defendant’s use of the trademark in all respects including use in its corporate name. Season-All contends that the trademark is invalid as merely descriptive and that a prior use of the trademark by one not a party to the action precludes injunctive relief.
Aluminum Fabricating Company, the corporate successor to an unincorporated group, is engaged in the manufacture and…
2Cases cited7 opinions
- Gold Seal Company v. WeeksDistrict Court, District of Columbia · 1955
- S. C. Johnson & Son, Inc. v. Gold Seal CompanyCourt of Appeals for the D.C. Circuit · 1956
- Griesedieck Western Brewery Co. v. Peoples Brewing Co.Court of Appeals for the Eighth Circuit · 1945
- Pastificio Spiga Societa Per Azioni v. De Martini MacAroni Co., IncCourt of Appeals for the Second Circuit · 1952
- Planten v. GedneyCourt of Appeals for the Second Circuit · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Arrow Fastener Co., Inc. v. The Stanley WorksCourt of Appeals for the Second Circuit · 1995
- Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
53 more not listed; retrieve them via the Exa API.