FIRST NATIONAL BENEFIT SOCIETY

v.

STUART, COLLECTOR OF INTERNAL REVENUE

Citator

Cited By

• Triumph Hosiery Mills, Inc. v. Triumph Int'l Corp. & Triumph of Europe, Inc., 308 F.2d 196 (2d Cir. 1962)
  …ohnson opinion, had emphasized the variable and relative character of the pertinent factors. The same flexible concept was clearly expressed in [*199] our decision in Durable Toy & Novelty Corp. v. J. Chein & Co., 2 Cir., 133 F. 2d 853, cert. denied 320 U.S. 211, 63 S.Ct. 1447, 87 L.Ed. 1849 (1943), also authored by Judge Hand; and in a long line of subsequent eases too numerous to cite. We agree that it would not necessarily be fatal to the grant of an injunction that neither of the two “Aunt Jemima” cond…
• California Apparel Creators v. Wieder OF Cal., Inc., 162 F.2d 893 (2d Cir. 1947)
  …in the products of plaintiffs and defendants were held to justify denial or limitation of relief in S. C. Johnson & Son v. Johnson, 2 Cir., 116 F. 2d 427; Durable Toy & Novelty Corporation v. J. Chein & Co., 2 Cir., 133 F. 2d 853, certiorari denied 320 U.S. 211, 63 S.Ct. 1447, 87 L.Ed. 1849; Arrow Distilleries v. Globe Browing Co., 4 Cir., 117 F. 2d 347. See of the former type: 1 Callmann, The Law of Unfair Competition and Trade-Marks, 1945, 243; Callmann, lie Who Reaps where He Has Not Sown: Unjust Enric…
• Sweetarts v. Sunline, Inc., 380 F.2d 923 (8th Cir. 1967)
  …intiff need not show actual confusion. David Sherman Corporation v. Heublein, Inc., supra. Nor need plaintiff show actual or possible monetary injury. Durable Toy & Novelty Corporation v. J. Chein & Co., 133 F. 2d 853, 855 (2 Cir. 1943) cert. denied 320 U.S. 211, 63 S.Ct. 1447, 87 L.Ed. 1849. Applying this law to the facts of this case we believe it is evident that plaintiff is entitled to relief. Plaintiff corporation adopted the word “SweeTarts” to be used on candy made by it. The word is not to be found…