Legal Opinion
Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing Company
Court of Appeals for the Second Circuit
Decided August 22, 1997No. 1560, Docket 96-9566PublishedCited by 220 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
This trademark case concerns the right of a brewer to identify its beer with the words “Honey Brown.” Beer can be either lager or ale, and in this case, the plaintiff uses the words “Honey Brown” (and others) on its lager product, while the defendant uses the same words (and others) on its ale product. In resolving the appeal, we explicitly endorse the rule that, when a producer creates a new product that differs from an established product class in a particular characteristic, the law of trademark will not grant the producer the exclusive right to label its product…
2Cases cited50 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
45 more not listed; retrieve them via the Exa API.
3Cited by220 opinions
- Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.Court of Appeals for the Fifth Circuit · 2015
- register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
- Lane Capital Management, Inc., Plaintiff-Counter-Defendant-Appellee v. Lane Capital Management, Inc., Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1999
- Estate of Ellington Ex Rel. Ellington v. Harbrew Imports Ltd.District Court, E.D. New York · 2011
- North Atlantic Instruments, Inc., Plaintiff-Counter-Defendant-Appellee v. Fred Haber and Apex Signal Corp., Defendants-Counter-Claimants-AppellantsCourt of Appeals for the Second Circuit · 1999
215 more not listed; retrieve them via the Exa API.