Legal Opinion
Day-Brite Lighting, Inc. v. Sta-Brite Fluorescent Manufacturing Company
Court of Appeals for the Fifth Circuit
Decided October 26, 1962No. 19172PublishedCited by 18 opinions
1Opinion of the Court
RIVES, Circuit Judge.
The appellant-plaintiff sued the appel-lee-defendant 1 for infringement of plaintiff’s trademark Day-Brite, and also for unfair competition and for infringement ■of other trademarks, copyrights and a •design patent. The counts based on the design patent were dismissed by the district court and we are not asked to review that ruling. 2 The district court entered judgment for the defendant based upon brief findings of fact as follows:
“Findings of Fact.
“The heart of the original action was destroyed when this Court allowed a motion to strike the patent counts. This opinion…
2Cases cited13 opinions
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953
- New Jersey Automobile Club v. United StatesSupreme Court of the United States · 1961
- Pure Foods, Inc. v. Minute Maid Corp.Court of Appeals for the Fifth Circuit · 1954
- Ansehl v. Puritan Pharmaceutical Co.Court of Appeals for the Eighth Circuit · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- American Heritage Life Insurance Company, Plaintiff-Appellant-Cross v. Heritage Life Insurance Company, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1974
- Continental Motors Corporation and Continental Aviation and Engineering Corporation v. Continental Aviation Corp.Court of Appeals for the Fifth Circuit · 1967
- Dial-A-Mattress Operating Corp. v. Mattress Madness, Inc.District Court, E.D. New York · 1994
- Tennessee Fabricating Company, D/B/A Tfc Co. v. Moultrie Manufacturing Company and William E. SmithCourt of Appeals for the Fifth Circuit · 1970
- O. W. Donald v. Zack Meyer's T. v. Sales and Service, Moore Business Forms, Inc.Court of Appeals for the Fifth Circuit · 1970
13 more not listed; retrieve them via the Exa API.