Legal Opinion

Idaho Potato Commission v. M & M Produce Farm & Sales

Court of Appeals for the Second Circuit

Decided July 11, 2003No. Docket No. 02-7792(L), 02-7818(XAP)PublishedCited by 5 opinions

1Opinion of the Court

FEINBERG, Circuit Judge.

Plaintiff Idaho Potato Commission (“IPC”) appeals from a May 2002 Memorandum and Order (“May 2002 Order”) of the United States District Court for the Southern District of New York (Brieant, J.), vacating a $41,962 jury award for the IPC in its certification mark1 infringement suit under the Lanham Act, 15 U.S.C. § 1051 et seq., against M & M Produce Farm and Sales, M & M Packaging, Inc., and Matthew and Mark Rogowski individually (collectively “M & M”). The district court held that under the circumstances of this case there was no basis for monetary damages absent a…

2Cases cited18 opinions

  1. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
  2. Flex-Foot, Inc. And Van L. Phillips v. Crp, Inc. (Doing Business as Springlite)Court of Appeals for the Federal Circuit · 2001
  3. Beer Nuts, Inc. v. King Nut CompanyCourt of Appeals for the Sixth Circuit · 1973
  4. Warner-Jenkinson Company, and H. Kohnstamm & Company, Inc., Plaintiffs v. Allied Chemical CorporationCourt of Appeals for the Second Circuit · 1977
  5. The Schlegel Manufacturing Company v. Usm CorporationCourt of Appeals for the Sixth Circuit · 1976

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3Cited by5 opinions

  1. The State of Idaho Potato Commission v. G & T Terminal Packaging, Inc., the State of Idaho Potato Commission v. G & T Terminal Packaging, Inc.Court of Appeals for the Ninth Circuit · 2005
  2. Can'T Stop Prods., Inc. v. Sixuvus, Ltd.District Court, S.D. Illinois · 2018
  3. CBC DISTRIBUTION v. Major League BaseballDistrict Court, E.D. Missouri · 2006
  4. Norwood Promotional Products, LLC v. Kustomkoozies, LLCDistrict Court, S.D. Indiana · 2011
  5. Idaho Potato Commission v. M & M Produce Farm & SalesCourt of Appeals for the Second Circuit · 2003

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