Legal Opinion

Educational Development Corporation v. The Economy Company

Court of Appeals for the Tenth Circuit

Decided September 8, 1977No. 76-1425PublishedCited by 44 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

This is a trademark case within federal jurisdiction under 28 U.S.C. § 1338. Plaintiff claims infringement of its registered valid trademark and unfair competition. After trial without a jury, the district court held that the trademark was not properly registered because it was descriptive, see 15 U.S.C. § 1052(e)(1), and denied the unfair competition claim. The plaintiff has appealed. We affirm.

Plaintiff-appellant, Educational Development Corporation (EDC), publishes and sells educational materials. In 1968 it began the development of products for use in…

2Cases cited8 opinions

  1. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  2. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  3. Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
  4. The Standard Oil Company, a Corporation and Sohio Petroleum Company, a Corporation v. Standard Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958
  5. General Shoe Corporation v. RosenCourt of Appeals for the Fourth Circuit · 1940

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

3Cited by44 opinions

  1. Liquid Controls Corporation v. Liquid Control CorporationCourt of Appeals for the Seventh Circuit · 1986
  2. Beer Nuts, Inc., Cross-Appellee v. Clover Club Foods Company, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1983
  3. Utah Lighthouse Ministry v. Foundation for Apologetic Information & ResearchCourt of Appeals for the Tenth Circuit · 2008
  4. Water Pik, Inc. v. Med-Systems, Inc.Court of Appeals for the Tenth Circuit · 2013
  5. American Television and Communications Corporation v. American Communications and Television, Inc.Court of Appeals for the Eleventh Circuit · 1987

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

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