Legal Opinion

The Vision Center, Cross v. Opticks, Inc., Will Ross, Inc. And G. D. Searle & Co., Cross

Court of Appeals for the Fifth Circuit

Decided May 23, 1979No. 78-2867PublishedCited by 170 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

This is an expedited appeal from an order of the district court granting a preliminary injunction which prevents Opticks, Inc., 1 a Texas corporation, from using the trade name “Pearle Vision Center” in the New Orleans market area. The Vision Center, 2 a Louisiana partnership, claimed that Opticks’ proposed use of the words “vision” and “center” constituted trade name infringement and unfair competition. The action was originally filed in state court and was removed to federal court on the basis of diversity jurisdiction. The district court 3 found that the name…

2Cases cited30 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  3. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  4. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  5. Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968

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3Cited by170 opinions

  1. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  2. Deerfield Medical Center, Medallion Executive Consultants, Inc. v. City of Deerfield Beach, City Commission of Deerfield BeachCourt of Appeals for the Fifth Circuit · 1981
  3. Taco Cabana International, Inc. v. Two Pesos, Inc.Court of Appeals for the Fifth Circuit · 1991
  4. Soweco, Inc. v. Shell Oil Company, Etc. And Shell Chemical Company, Etc.Court of Appeals for the Fifth Circuit · 1980
  5. 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

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