Legal Opinion
American Foods, Inc. v. Golden Flake, Inc.
Court of Appeals for the Fifth Circuit
Decided January 23, 1963No. 19658PublishedCited by 102 opinions
1Opinion of the Court
GRIFFIN B. BELL, Circuit Judge.
Golden Flake, Inc., an Alabama corporation, brought suit against American Foods, Inc., a Texas corporation, and its distributor, a resident of Alabama, alleging trade-mark infringement. Jurisdiction was based on the Lanham Act. 15 U.S.C.A. § 1121.1 The cause of action was premised on confusion in trade as to the source of origin of the respective products of the parties. 15 U.S.C.A. § 1114(1) (a).2
The District Court enjoined the use of the alleged infringing trade-mark by defendants in what was found to be the trade territory of plaintiff, Alabama, Florida,…
2Cases cited16 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Pure Foods, Inc. v. Minute Maid Corp.Court of Appeals for the Fifth Circuit · 1954
11 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- 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
- 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
- Taco Cabana International, Inc. v. Two Pesos, Inc.Court of Appeals for the Fifth Circuit · 1991
- Sun Banks of Florida, Inc., a Florida Corporation Etc. v. Sun Federal Savings and Loan Association, a Federal Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1981
97 more not listed; retrieve them via the Exa API.