Legal Opinion
Papercutter, Inc., Appellant-Cross-Appellee v. Fay's Drug Co., Inc., Appellee-Cross-Appellant
Court of Appeals for the Second Circuit
Decided April 4, 1990No. 280, 336, Dockets 89-7461, 89-7509PublishedCited by 89 opinions
1Opinion of the Court
OAKES, Chief Judge:
This is an appeal by a trademark holder from a judgment in favor of the defendant in an action alleging trademark infringement, with a cross-appeal by the defendant seeking cancellation of the plaintiff’s registration of the trademark. The United States District Court for the Southern District of New York, Charles L. Brieant, Jr., Chief Judge, after a bench trial, held in an oral ruling that there was no infringement of the trademark “PaperCutter” by the defendant’s operation of its fourteen upstate New York stores named The Paper Cutter, but upheld the registration of the…
2Cases cited16 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Doe Lang, Petitioner/defendant-Appellant v. Retirement Living Publishing Co., Inc., Respondent/plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1991
- Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
- Lane Capital Management, Inc., Plaintiff-Counter-Defendant-Appellee v. Lane Capital Management, Inc., Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1999
- Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
- Uncommon, LLC v. Spigen, Inc.Court of Appeals for the Seventh Circuit · 2019
84 more not listed; retrieve them via the Exa API.