Legal Opinion
Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.
Court of Appeals for the Fifth Circuit
Decided October 23, 1981No. 80-1729PublishedCited by 188 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge.
Plaintiff Chevron Chemical Co. (“Ortho”) contends that Voluntary Purchasing Groups, Inc., and Hi-Yield Chemical Co. (together, “VPG”) copied the packages in which it sells lawn and garden products thus infringing its trade dress and violating § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1976), and the Texas law of unfair competition. 1 Finding that VPG did deliberately copy Ortho’s insignia, the district court denied relief on the grounds that the Lanham Act does not provide a cause of action for trade dress infringement and that Ortho failed to show, as…
2Cases cited28 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
- United States v. Loew's Inc.Supreme Court of the United States · 1962
- Kentucky Fried Chicken Corporation v. Diversified Packaging CorporationCourt of Appeals for the Fifth Circuit · 1977
- Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
23 more not listed; retrieve them via the Exa API.
3Cited by188 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
- State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
- Ambrit, Inc. v. Kraft, Inc.Court of Appeals for the Eleventh Circuit · 1986
- The Paddington Corporation v. Attiki Importers & Distributors, Inc.Court of Appeals for the Second Circuit · 1993
183 more not listed; retrieve them via the Exa API.