My-T-Fine Corporation v. Samuels
United States Court of Appeals for the Second Circuit
69 F.2d 76 (1934)
- Written by Sarah Holley, JD
Facts
My-T-Fine (plaintiff) sold pudding in a small cardboard box under the name My-T-Fine. The box was green, with red stripes around all of the edges, the name and a white chevron printed on the front, and directions for use printed on the back. Since it began selling pudding in 1929, My-T-Fine’s sales had grown to over one million, and its pudding had become known throughout the United States. Later, Samuels (defendant) started selling a similar pudding product in a similar cardboard box under the name Velmo. Samuel’s box was the same shade of green as My-T-Fine’s box, had red stripes around all of the edges of about the same width as My-T-Fine’s box, had its name and a black chevron printed on the front, and directions for use printed on the back, which had been copied verbatim from My-T-Fine’s box. My-T-Fine thereafter brought suit for trade-dress infringement and moved for a preliminary injunction. Finding that there were not enough similarities between the boxes, the district court denied My-T-Fine’s motion. My-T-Fine appealed.
Rule of Law
Issue
Holding and Reasoning (Hand, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
