Skip to main content
· 12/23/1901

Gaines & Co. v. Sroufe

Citations

  • 117 F. 965
  • 1901 U.S. App. LEXIS 4755

Syllabus

<p>1. Trade-Marks—Suit for Infringement—Pleading.</p> <p>In a suit for an injunction to restrain infringement of a trade-mark, the facts which are essential to complainant’s right to relief, such as the existence of the trade-mark, the fact of an imitation by defendant, either actual or colorable, without complainant’s license or acquiescence, and the fact of registration, where that is essential, must be alleged positively, and not merely on information and belief; and, in general, all the facts which are necessarily within complainant’s knowledge should be so alleged.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating Lugosch v. Pyramid Co. of Onondaga , 435 F.3d 110 (2nd Cir. 2006
  • stating Lugosch v. Pyramid Co. of Onondaga , 435 F.3d 110 (2nd Cir. 2006

Source: CourtListener parenthetical corpus (CC0).

Judges: Morrow

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.