Legal Opinion

Taussig v. Wellington Fund, Inc.

Court of Appeals for the Third Circuit

Decided January 23, 1963No. Nos. 13702-13705PublishedCited by 46 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

In this stockholders’ derivative suit the district court decided that the adoption and use of the name “Wellington” by Wellington Equity Fund, an open-end, diversified, management investment company, constituted unfair competition in relation to Wellington Fund, Inc., a similar enterprise which had become well and favorably known as a large, active and successful mutual fund long before the 1958 organization of Wellington Equity Fund as a new investment company.

The plaintiffs are stockholders of Wellington Fund, Inc., and sue in the interest of that corporation and its…

2Cases cited33 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Hurn v. OurslerSupreme Court of the United States · 1933
  3. Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
  4. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  5. Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933

28 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Burks v. LaskerSupreme Court of the United States · 1979
  2. Fed. Sec. L. Rep. P 92,714 Edwin J. Herpich v. Robert H. Wallace, Jack E. LoveCourt of Appeals for the Fifth Circuit · 1970
  3. The Greater Iowa Corporation v. Frank McLendonCourt of Appeals for the Eighth Circuit · 1967
  4. Fogel v. ChestnuttCourt of Appeals for the Second Circuit · 1981
  5. Fed. Sec. L. Rep. P 95,889 Robert Abrahamson and Marjorie Abrahamson v. Malcolm K. FleschnerCourt of Appeals for the Second Circuit · 1978

41 more not listed; retrieve them via the Exa API.

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