Legal Opinion
Roto-Rooter Corporation and Gerald R. Abbott D/B/A Roto Rooter Sewer Service v. Kenneth O'Neal
Court of Appeals for the Fifth Circuit
Decided May 14, 1975No. 74-1423PublishedCited by 93 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
Plaintiff, Roto-Rooter Corporation, an Iowa corporation was granted a federal registration in 1954 for its service mark “Roto-Rooter” for municipal, industrial and domestic sewer, drain and pipe cleaning service. The mark dates back to 1935. In 1963 it was granted registration for its design form of the same mark for the services of cleaning sewer, oil and water pipes, field and drain tile, and conduits for electrical cable. In 1965 plaintiff Gerald R. Abbott, a licensee of Roto-Rooter, established a Roto-Rooter Sewer Service in El Paso, Texas, serving that city and the…
2Cases cited6 opinions
- World Carpets, Inc. v. Dick Littrell's New World Carpets, Joseph E. RussellCourt of Appeals for the Fifth Circuit · 1971
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- Continental Motors Corporation and Continental Aviation and Engineering Corporation v. Continental Aviation Corp.Court of Appeals for the Fifth Circuit · 1967
- Sears, Roebuck & Company and Allstate Insurance Company v. All States Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1957
- Curtis-Stephens-Embry Co., Inc. v. Pro-Tek-Toe Skate Stop Co., Inc.Court of Appeals for the Eighth Circuit · 1952
1 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Kentucky Fried Chicken Corporation v. Diversified Packaging CorporationCourt of Appeals for the Fifth Circuit · 1977
- Exxon Corporation v. Texas Motor Exchange of Houston, Inc.Court of Appeals for the Fifth Circuit · 1980
- Taco Cabana International, Inc. v. Two Pesos, Inc.Court of Appeals for the Fifth Circuit · 1991
88 more not listed; retrieve them via the Exa API.