Legal Opinion
Nalpac, Ltd., a Michigan Corporation v. Corning Glass Works, a New York Corporation
Court of Appeals for the Sixth Circuit
Decided February 27, 1986No. 85-1001PublishedCited by 26 opinions
1Opinion of the Court
GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.
Corning Glass was charged by Nalpac with infringement of its trademark “Common Scents.” Nalpac used this for a line of incense sticks they were marketing and a federal trademark was granted to them on February 14, 1978. In 1981, an employee of Corning Glass conceived a product consisting of a glass mason jar containing a scented candle. Asserting that it had no knowledge of the Nalpac registry, Coming decided to use the words “Common Scents.” Prior to doing so, Corning conducted a trademark search and searched 11 of the 52 classes of products:
C…
2Cases cited8 opinions
- Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
- Champion Spark Plug Co. v. SandersSupreme Court of the United States · 1947
- Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John WanamakerCourt of Appeals for the Second Circuit · 1960
- Maier Brewing Co. v. Fleischmann Distilling Corp.Court of Appeals for the Ninth Circuit · 1968
- Triumph Hosiery Mills, Inc. v. Triumph International Corporation and Triumph of Europe, Inc.Court of Appeals for the Second Circuit · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
- Lindy Pen Company, Inc. Blackfeet Plastics, Inc., Cross-Appellees v. Bic Pen Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1993
- International Star Class Yacht Racing Association v. Tommy Hilfiger, U.S.A., Inc.Court of Appeals for the Second Circuit · 1996
- General Electric Company and Carboloy, Inc. v. Robert Speicher and Speicher, Inc.Court of Appeals for the Seventh Circuit · 1989
- OBH, Inc. v. Spotlight Magazine, Inc.District Court, W.D. New York · 2000
21 more not listed; retrieve them via the Exa API.