Revere Rubber Co. v. Consolidated Hoof Pad Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Bill in equity to restrain defendant from using trade-name “Air Cushion,” or the letters “A. C.,” in connection with horseshoe pads not made by the Revere Rubber Company, complainant.
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In Equity. Bill in equity to restrain defendant from using trade-name “Air Cushion,” or the letters “A. C.,” in connection with horseshoe pads not made by the Revere Rubber Company, complainant. Cross-bill in equity by defendant in original suit to restrain the complainant in original suit from making or selling hoof pads or horseshoe pads with the (alleged) trade-mark “A. C.,” stamped thereon, or from announcing or proclaiming in any way to the public that it has the right to use the mark “A. C.” on the hoof pads or horseshoe pads made by it.
1Opinion of the Court
RAY, District Judge.
In 1899 Roscoe R. Bell, Elizabeth Kent, and William J. Kent were a co-partnership in the business of selling horseshoe pads. The firm name was “Air Cushion Rubber Pad Company.” They were the first to use this name “Air Cushion” as a trade-name and designation for their horseshoe pads. The Revere Rubber Company made the pads. The name “Air Cushion” was in a sense partially descriptive of these pads, as, when fitted to the foot of the horse, there was a space between some part of the pad and the hoof with airholes, and the pad was so shaped that, when the horse rested any…
2Cases cited3 opinions
- Glen Cove Manuf'g Co. v. LudelingU.S. Circuit Court for the District of Southern New York · 1885
- Brower v. BoultonCourt of Appeals for the Second Circuit · 1893
- Welsbach Light Co. v. AdamU.S. Circuit Court for the District of Western New York · 1901
3Cited by5 opinions
- Wolf Bros. & Co. v. Hamilton-Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1913
- William Wrigley, Jr. Co. v. L. P. Larson, Jr. Co.District Court, N.D. Illinois · 1925
- Ansehl v. WilliamsCourt of Appeals for the Eighth Circuit · 1920
- Florence Mfg. Co. v. DowdU.S. Circuit Court for the District of Southern New York · 1909
- Delbeck & Cie., Societe a Responsabilite Limitee v. MonicaDistrict Court, E.D. New York · 1935