Legal Opinion
Oliver Gintel, Inc. v. Koslow's, Inc.
District Court, N.D. Texas
Decided February 12, 1973No. Civ. A. CA 4-2105PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
MAHON, District Judge.
The subject of this litigation is the trade name “Black Diamond” and certain trade-marks and symbols relating thereto.
At the hearing conducted on Gintel’s Application for Injunctive Relief, it was shown that on December 30, 1952, Katzman and Wear, Inc., an Illinois corporation, received Registration No. 586,546 from the United States Patent Office. The mark thus registered, a parallelogram or diamond above the words “Black Diamond” in script, was first used in commerce by Katzman and Wear, Inc., on January 29, 1951. Katzman, Field and Wear, Inc.,…
2Cases cited13 opinions
- United States v. Topco Associates, Inc.Supreme Court of the United States · 1972
- Burger King of Florida, Inc., and Burger King Restaurants, Inc. v. Gene Hoots and Betty Hoots, D/B/A Burger KingCourt of Appeals for the Seventh Circuit · 1968
- Othal L. Turner and On-The-Town, Inc., D/B/A Atlanta's Playboy Club v. H M H Publishing Company, Inc.Court of Appeals for the Fifth Circuit · 1967
- Plaza Co. v. WhiteCourt of Appeals of Texas · 1942
- Socony-Vacuum Oil Co. v. Oil City Refiners, Inc.Court of Appeals for the Sixth Circuit · 1943
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- American Heritage Life Insurance Company, Plaintiff-Appellant-Cross v. Heritage Life Insurance Company, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1974
- National Bank of Commerce v. Shaklee Corp.District Court, W.D. Texas · 1980
- King-Size, Inc. v. Frank's King Size Clothes, Inc.District Court, S.D. Texas · 1982
- Plains Tire & Battery Co. v. Plains a to Z Tire Co.Wyoming Supreme Court · 1981
- Taylor Made Golf Co., Inc. v. MJT CONSULTING GROUP, LLCDistrict Court, N.D. Texas · 2003
2 more not listed; retrieve them via the Exa API.