Legal Opinion
Sears, Roebuck & Company and Allstate Insurance Company v. All States Life Insurance Company
Court of Appeals for the Fifth Circuit
Decided July 17, 1957No. 16291_1PublishedCited by 39 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
This is an appeal from a judgment of the trial court, sitting without a jury, denying relief to appellants in an action for injunction and damages for trade mark infringement under the Lanham Act 15 U.S.C.A. § 1051 et seq. and for alleged unfair competition.
Appellant Sears, Roebuck & Co. is the owner of appellant Allstate Insurance Company. Sears has, since 1927, used the name Allstate to identify numerous of its products, all articles of merchandise, principally automobile tires, parts and accessories, sold in interstate commerce, and had a registered mark in connection…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
- Maryland Casualty Co. v. CushingSupreme Court of the United States · 1954
- Pure Foods, Inc. v. Minute Maid Corp.Court of Appeals for the Fifth Circuit · 1954
- Chappell v. GoltsmanCourt of Appeals for the Fifth Circuit · 1950
7 more not listed; retrieve them via the Exa API.
3Cited by39 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
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Frisch's Restaurant, Inc. v. Shoney's Inc.Court of Appeals for the Sixth Circuit · 1985
- Meridian Mutual Insurance Company v. Meridian Insurance Group, Inc.Court of Appeals for the Seventh Circuit · 1997
- C. A. May Marine Supply Company v. Brunswick CorporationCourt of Appeals for the Fifth Circuit · 1981
34 more not listed; retrieve them via the Exa API.