Legal Opinion
Miles Shoes, Inc. v. R. H. MacY & Co., Inc
Court of Appeals for the Second Circuit
Decided November 3, 1952No. 22360_1PublishedCited by 93 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
Following a denial of registration by the Commissioner of Patents 1 plaintiff, Miles Shoes Incorporated, instituted this action under' Section 4915 of the Revised Statutes, 35 U.S.C.A. § 63, for an adjudication that he was entitled to register the trade mark “GROPALS” as used on, inter alia, shoes and hosiery; for a declaratory judgment that its trade mark does not infringe defendant’s registered trade mark “GRO (representation of a tree) SHOE,” and for a decree that defendant’s registration is invalid. Defendant counterclaimed for an injunction claiming trade…
2Cases cited5 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Menendez v. HoltSupreme Court of the United States · 1888
- LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
- Eastern Wine Corporation v. Winslow-Warren, Ltd.Court of Appeals for the Second Circuit · 1943
- Century Distilling Co. v. Continental Distilling Co.Court of Appeals for the Third Circuit · 1939
3Cited by93 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
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