Thomas J. Lipton, Inc. v. Lerman

District of Columbia

Thomas J. Lipton, Inc. v. Lerman

107 F. Supp. 835, 95 U.S.P.Q. (BNA) 310, 1951 U.S. Dist. LEXIS 3715

CourtDistrict Court, District of Columbia

DecidedJuly 14, 1951

DocketCiv. A. 4378-49

StatusPublished

Cited by1 cases

This text of 107 F. Supp. 835 (Thomas J. Lipton, Inc. v. Lerman) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thomas J. Lipton, Inc. v. Lerman, 107 F. Supp. 835, 95 U.S.P.Q. (BNA) 310, 1951 U.S. Dist. LEXIS 3715 (D.D.C. 1951).

Pincite

Opinion

McGUIRE, District Judge.

Judgment for plaintiff.

Counterclaim dismissed.

.Defendants have established no common law mark, since that used by them has acquired no secondary meaning and is purely descriptive. I doubt further that it could acquire a secondary meaning in the sense that term has been defined by the Supreme Court. Apart from that, the defendants have failed it would seem to actively merchandise the product for at least the last three years.

Counsel will prepare proper order.

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