Legal Opinion
Hershey Foods Corporation v. Hershey Creamery Company, Hershey Creamery Company, Counter-Claimant v. Hershey Foods Corporation, Counter-Defendant
Court of Appeals for the Third Circuit
Decided October 3, 1991No. 90-5892PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This appeal is a tale of two courts. Appellant Hershey Creamery Company (“Hershey Creamery”) and appellee Hershey Foods Corporation (“Hershey Foods”) are locked in a struggle for the perceived advantage of litigating rights in the HERSHEY’S trademark in their preferred federal district courts. Both parties’ predecessors began producing and marketing food products in Hershey, Pennsylvania, around the turn of the century; they have been feuding intermittently over the rights to the mark HERSHEY’S for seventy years. In 1967, in the previous round in the…
2Cases cited11 opinions
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- Carson v. American Brands, Inc.Supreme Court of the United States · 1981
- Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
- Gardner v. Westinghouse Broadcasting Co.Supreme Court of the United States · 1978
- National Equipment Rental, Ltd. v. A. L. Fowler, D. O. Thomas, and E. O. Thomas, Individually and Doing Business as Fowler Poultry & Egg Co.Court of Appeals for the Second Circuit · 1961
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Amsouth Bank (03-5517) First Tennessee Bank (03-5521) v. George DaleCourt of Appeals for the First Circuit · 2004
- HBE Leasing Corp. v. FrankCourt of Appeals for the Second Circuit · 1995
- Rappa v. New Castle CountyCourt of Appeals for the Third Circuit · 1994
- In re Federal-Mogul Global, Inc.Court of Appeals for the Third Circuit · 2002
- Maia Caplan, in 95-1445 v. Fellheimer Eichen Braverman & Kaskey David L. Braverman. Maia Caplan v. Fellheimer Eichen Braverman & Kaskey David L. Braverman, Vigilant Insurance Company, in 95-1478Court of Appeals for the Third Circuit · 1995
37 more not listed; retrieve them via the Exa API.