MURPHY

v.

LARKIN, CORPORATION COUNSEL, CITY OF NEW YORK, ET AL.

Citator

Cited By (17 total)

• Williamson v. Tucker, 645 F.2d 404 (5th Cir. 1981)
  …the plaintiff “significant protection of its investment.” The same result has been reached by those state courts which have considered the effect of latent partnership control. In Polikoff v. Levy, 55 Ill.App.2d 229, 204 N.E. 2d 807, cert. denied, 382 U.S. 903, 86 S.Ct. 237, 15 L.Ed.2d 156 (1965), the Illinois Court of Appeals held that a joint venture interest in a motel was not a security. Although the defendant had sold a number of interests in the property and the plaintiff had taken no part in its ma…
• Park 'n Fly, Inc. v. Dollar Park & Fly, Inc., 469 U.S. 189 (U.S. 1985)
  …to justify its decision by reference to the language or legislative history of the Lanham Act. Instead, the court relied on its previous decision in Tillamook County Creamery v. Tillamook Cheese & Dairy Assn., 345 F. 2d 158, 163 (CA9), cert. denied, 382 U. S. 903 (1965), for the proposition that a registrant may not rely on incontestability to enjoin the use of the mark by others. Examination of Tillamook, however, reveals that there is no persuasive justification for the judicially created distinction betwe…
• Union Carbide Corp. v. Ever-Ready Inc., 531 F.2d 366 (7th Cir. 1976)
  …. The defensive/offensive language cited in Morrell has caused much confusion regarding the effect of incontestability. In Tillamook County Creamery Association v. Tillamook Cheese and Dairy Association, 345 F. 2d 158 (9th Cir. 1965), cert. denied, 382 U.S. 903, 86 S.Ct. 239, 15 L.Ed.2d 157, an infringement action, the court introduced a discussion of incontestability with the statement: “Without basing any special argument thereon or seeming to attach significance to it, the appellant suggests that . it h…