Legal Opinion
Franchised Stores of New York, Inc. And Thomas Carvel v. Martin Winter
Court of Appeals for the Second Circuit
Decided May 1, 1968No. 31861_1PublishedCited by 64 opinions
1Opinion of the Court
MEDINA, Circuit Judge.
Appellants Franchised Stores of New York, Inc. and Thomas Carvel appeal from an order of the District Court for the Eastern District of New York which denied their motion for summary judgment and dismissed their complaint for want of federal subject matter jurisdiction in an action brought against Martin Winter for trademark infringement, unfair competition and breach of contract. This appeal presents two distinct questions regarding the interpretation of the Lanham Act, 15 U.S.C. Sections 1051-1127: (1) Can a trademark infringement action be maintained by a trademark…
2Cases cited21 opinions
- Katzenbach v. McClungSupreme Court of the United States · 1964
- Steele v. Bulova Watch Co.Supreme Court of the United States · 1952
- Vanity Fair Mills, Inc. v. The T. Eaton Co. Limited and John David EatonCourt of Appeals for the Second Circuit · 1956
- Champion Spark Plug Co. v. SandersSupreme Court of the United States · 1947
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
16 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Wells Fargo & Co. v. Wells Fargo Express Co.Court of Appeals for the Ninth Circuit · 1977
- Gorenstein Enterprises, Inc., Sam Gorenstein, and David Gorenstein v. Quality Care-Usa, Inc. And David A. ScheinmanCourt of Appeals for the Seventh Circuit · 1989
- John Koufakis v. Thomas Carvel and Franchise Licensors, Inc.Court of Appeals for the Second Circuit · 1970
- Bruce Lippo, D/B/A "Walden-Woodfield Service Station," v. Mobil Oil CorporationCourt of Appeals for the Seventh Circuit · 1985
- E.A. Sween Co. v. Deli Express of Tenafly, LLC.District Court, D. New Jersey · 2014
59 more not listed; retrieve them via the Exa API.