Legal Opinion
Lindy Pen Company, Inc., and Blackfeet Plastics, Inc. v. Bic Pen Corporation
Court of Appeals for the Ninth Circuit
Decided February 16, 1984No. 82-6053PublishedCited by 85 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
Lindy Pen Company, owner of a trademark registration for the word “Auditor’s” in connection with ballpoint pens, sued Bic Pen Corporation for trademark infringement, unfair competition, breach of contract and trademark dilution. After a bench trial limited to the issues of liability, the district court entered judgment for Bic on all claims. Lindy Pen Co. v. Bic Pen Corp., 550 F.Supp. 1056. Lindy appeals.
BACKGROUND
Both Lindy and Bic manufacture a variety of ballpoint pens. In 1955, Lindy began to use the word “Auditor’s” in connection with the sale of its 460-F model…
2Cases cited18 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
- Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
- Walt Disney Productions v. The Air PiratesCourt of Appeals for the Ninth Circuit · 1978
- Alpha Industries, Inc. v. Alpha Steel Tube & Shapes, Inc.Court of Appeals for the Ninth Circuit · 1980
13 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Reno Air Racing Association, Inc. v. Jerry McCordCourt of Appeals for the Ninth Circuit · 2006
- Network Automation, Inc. v. Advanced Systems Concepts, Inc.Court of Appeals for the Ninth Circuit · 2011
- Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
- Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
- Lindy Pen Company, Inc. Blackfeet Plastics, Inc., Cross-Appellees v. Bic Pen Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1993
80 more not listed; retrieve them via the Exa API.