Quimbee logo
DMCA.com Protection Status

Vanity Fair Mills, Inc. v. T. Eaton Co., Ltd.

234 F.2d 633, cert. denied, 352 U.S. 871 (1956)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Vanity Fair Mills, Inc. v. T. Eaton Co., Ltd.

United States Court of Appeals for the Second Circuit

234 F.2d 633, cert. denied, 352 U.S. 871 (1956)

Facts

Vanity Fair Mills, Inc. (Mills) (plaintiff) was an American company that manufactured and sold women’s underwear under the registered trademark “Vanity Fair” in the United States since 1914, and in Canada since 1917. The T. Eaton Co., Ltd., (Eaton) (defendant) was a Canadian retail company that offered women’s clothing under the mark “Vanity Fair” in Canada. Eaton was granted registration of that mark for women’s clothing in Canada in 1915, but was denied registration for women’s underwear in 1919 because of Mills’ prior registration. Between 1945–1953, Eaton stopped using the Vanity Fair mark itself and instead purchased and sold Mills’ branded goods in its retail locations. In 1953, however, Eaton began again using the mark for its own goods, and sold both Mills’ goods and its own cheaper goods under the same mark. According to Mills, Eaton also advertised and sold its goods bearing the Vanity Fair mark to United States consumers through the mail. Mills sued Eaton in United States federal court alleging trademark infringement and unfair competition in both the United States and Canada, and seeking an injunction against Eaton using the Vanity Fair mark for women’s underwear in both Canada and the United States. The district court held that the American and Canadian issues were intertwined and that it had no jurisdiction over the Canadian issues. The court dismissed the complaint and gave Mills leave to file an amended complaint stating only the American-based claims. Mills appealed the judgment dismissing the complaint.

Rule of Law

Issue

Holding and Reasoning (Waterman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership