Legal Opinion

Wilber H. Friend, an Individual, and Friend Company, a Corporation v. H. A. Friend and Company, Inc.

Court of Appeals for the Ninth Circuit

Decided November 3, 1969No. 22489_1PublishedCited by 66 opinions

1Opinion of the Court

BARNES, Circuit Judge:

The first of the two cases brought by appellee and combined here on appeal, seeking redress for alleged unfair competition and trade-mark infringement, was initiated in the United States District Court for the Central District of California on June 17, 1964. Jurisdiction was based upon the Federal TradeMark Act of 1946, the Lanham Act, 15 U.S.C. § 1121 and upon 28 U.S.C. § 1338. Diversity jurisdiction, 28 U.S.C. § 1332, was also alleged. On March 16, 1966, while that case was still pending, plaintiff appellee filed the second suit here appealed, charging appellant with…

2Cases cited36 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Commissioner v. DubersteinSupreme Court of the United States · 1960
  3. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  4. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
  5. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948

31 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  2. E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
  3. United States v. Ironworkers Local 86Court of Appeals for the Ninth Circuit · 1971
  4. Bandag, Inc., Appellee/cross-Appellant. v. Al Bolser's Tire Stores, Inc., Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1984
  5. Quabaug Rubber Company v. Fabiano Shoe Co., Inc.Court of Appeals for the First Circuit · 1977

61 more not listed; retrieve them via the Exa API.

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